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60th Anniversary of the European Social Charter: Some Proactive Dilemmas
29-42Views:343The European Social Charter is a human rights treaty of the Council of Europe. For 60 years, the Charter has been protecting the social and economic rights of citizens across Europe. During these years, the Charter has been revised and new rights have been included to take into account the challenges facing our modern societies. But the Charter has remained at the heart of the Council of Europe’s statutory goals: human rights, rule of law and democracy, which cannot be realised without respect for social rights. However, sixty years after the adoption of the Charter, and thirty years after the adoption of the Turin Protocol of 1991 reforming the supervisory mechanism, the Convention has yet to realise its full potential. In this article the Charter’s two supervisory mechanisms are analysed and some proactive dilemmas and possible solutions are outlined.
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The right to take collective action in EU law based on the European Pillar of Social Rights and the recent case law of the CJEU
9-24Views:237This paper is built around the workers’ fundamental right to take collective action and collective bargaining. Although, this right is firmly embedded in the majority of labour law systems in the social policy (meaning labour law, too) of the European Union, it is worth analysing it separately with an independent meaning. We can approach this right from the fundamental rights, the fundamental treaties or from certain directives, so we can find several questions that are difficult to answer properly. These problems are mostly catalysed by the necessary collision between the need for socially motivated legal protection and the fundamental economic freedoms. In my research, I analyse this right – along with some other connected ones – with the help of the recent case law of the Court of Justice of the European Union and the European Pillar of Social Rights because the latter highlights the holistic approach in the current reforms of EU social policy.
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Social Dumping in the Face of Cross-border Collective Agreements and Actions: A Dilemma of the European Legal Practice on the Edge of Law and Economy in the Light of the Framework of International Standards
180-202Views:171In this paper I outline the objectives of the ILO, the conventions relevant to collective bargaining and action, and furthermore the pronouncements of the ILO supervisory bodies. After describing social dumping I examine the jurisprudence of the European Union regarding the collision of fundamental freedoms and collective labour rights in the light of international labour standards. My observation is that the hierarchical relationship between fundamental freedoms and labour rights in favour of the former cannot be maintained even based on EU law.
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The Concept of the Right to Food in Public International Law
86-99Views:187According to the Food and Agriculture Organization of the United Nations (FAO), at least 868 million people are undernourished nowadays. Combating against hunger and malnutrition shall not only be a moral duty, but a legally binding human rights obligation. The right to food is recognized firstly within the text of the Universal Declaration of Human Rights adopted in 1948, as part of the right to an adequate standard of living, however nowadays it is considered to be a substantive right. This study deals with the key aspects of the right to adequate food in public international law, including its definition, content and enforcement, as well.
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The right to strike in the case-law of the ECtHR
115-133Views:242The right to strike has been long recognized as an important labour right in the European countries protected by constitutions and international conventions on labour and social rights. However, these international conventions mainly contain mere declarations to only pursue the right to strike and do not have an effective protection mechanism. Nevertheless, in the last few decades a human rights perspective on labour law gained ground and thus international organizations and international courts started to derive labour rights like the right to strike from civil and political rights and therefore some of these labour rights enjoy the same level of protection as the first generation human rights. In its recent judgements, the European Court of Human Rights stated that the right to strike is protected under Article 11 of the European Convention on Human Rights and developed a case law on the requirements of a lawful strike action, secondary strike actions and the restrictions of the right to strike.
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effects of Labour Law regulation on the employment Relations Based on the Connection between Social Rights and Labour Market
26-40Views:215In the world of employment we can find several aspects that have effect on the labour market. Labour market cannot be independent from the legal regulation of employment; moreover – according to the tendencies – labour market processes basically define the role of labour law. A fundamental difference can be observed between the approach of Anglo-Saxon countries and researchers and the viewpoint of the continental law systems. In this paper the emphasized question is analyzed through these two different approaches according to the following premise: the Anglo-Saxon legal thinking defining the current development of labour law bears significant differences related to the labour law regulation – which means the direct regulation of labour market – and to the legal guarantees behind employment as well. From the viewpoint of the labour market two main questions are examined in this paper: on the one hand, the expected and necessary level and method of public intervention in connection with social rights, and on the other hand the deepness of the intervention of labour law into the social relations driven by the market.
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Balancing Work and Life: New Developments in the Field of Legal Protection of Workers
25-44Views:188The present study deals with the current labour law questions of balancing work and private life. The topicality of the study is supported by Directive (EU) 2019/1158 which, built on the existing legislative basis, brings several novelties in this regulative area refreshing the key elements of the criteria of equal employment referring to the employees raising children. The researched regulation fits into the high level, socially motivated; worker-protection Directive designated by the European Pillar of Social Rights, consequently, this aspect also plays a role in elaboration. In my analysis, I concentrate on the regulative background, subject of the new Directive, as well as its connection to fundamental social rights and the new norms describing the potentially strengthening legal protection of workers. I draw conclusions based on their synthesis about the predictable future effects of the new regulation.