The ECHR, the EU and the Weakness of Social Rights Protection at the European Level

O’Gorman, Roderic

doi:10.1017/s2071832200017582

Cited by 7 publications

(1 citation statement)

References 17 publications

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“…98 It would be a limiting principle able to break any further development of European integration in one-sided direction. 99 At the same time, it would contain the idea that European integration should not be pursued at the expense of the integrity of the Member States' social systems, 100 which has been widely expressed during the eastward enlargement of the Union. 101 As it has been argued, the inclusion of the concept of a social market economy confirms the desire to find a new equilibrium and to fight the social deficit of the Union.…”

Section: The Social Market Economy: Enlarging and Altering The Scheme...mentioning

confidence: 99%

The ‘normality’ of labour exploitation: The right to fair and just working conditions in the Union's social market economy

Di Marco

2023

Netherlands Quarterly of Human Rights

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This study argues that the Union maintains a double standard on working conditions in relation to the criteria established at international level, which allows to tolerate situations of labour exploitation as ‘unserious’, ‘proportionated’ or ‘normal’ phenomena. By analysing the gaps in the protection of the right to fair and just working conditions, the idea that an upward convergence of workers’ rights would be supported (and required) by the general duty to protect human dignity and to ensure fair competition in the Single Market is advanced. The relationship between these fundamental principles in the implementation of the right to fair and just working conditions is examined through the notion of ‘social market economy’. The aim is to illustrate what kind of measures could (or should) be taken to integrate the protection of human rights and market efficiency, and whether in practice there seems to be an articulation between these fundamental principles or, on the contrary, an insurmountable contradiction.

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Section: The Social Market Economy: Enlarging and Altering The Scheme...mentioning

confidence: 99%

The ‘normality’ of labour exploitation: The right to fair and just working conditions in the Union's social market economy

Di Marco

2023

Netherlands Quarterly of Human Rights

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Fundamental rights and humaneness in European private Law

Ciacchi¹,

McCann²

2016

The Human Face of the European Union

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The authors are most grateful for the wonderful feedback received on earlier versions of this chapter from Nuno Ferreira and Dora Kostakopoulou. 1 For example, in the effort to address consumer, labour, anti-discrimination, and business law matters. 2 For example, in the effort to liberalise markets, such as telecommunication, postal services, energy, transport, and health care. 3 This chapter only deals with substantive private law. It does not consider rules of civil procedure. 4 We define 'health care' herein the same way as it is defined in Article 3(a) of the EU's Patient's Rights Directive: as 'health service provided by health professionals to patients to assess, maintain or restore their state of health, including the prescription, dispensation and provision of medical products and medical devices'. 5 O Cherednychenko, 'Fundamental Rights, European Private Law, and Financial Services' in H-W Micklitz (ed) The Constitutionalization of European Private Law (Oxford University Press, 2014) 171.

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Principled Silence or Mere Silence on Principles? The Role of the EU Charter’s Principles in the Case Law of the Court of Justice

Krommendijk¹

2015

European Constitutional Law Review

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Historical background of the inclusion of social rights in the Charter of Fundamental Rights – Distinction between rights and principles – Similarities between the conditions for direct effect and the criteria for distinguishing between Charter rights and principles – Implications of this distinction for the possibilities of judicial review – Reluctance of the ECJ to explicitly deal with the distinction until Glatzel, as illustrated by its earlier judgments in Dominguez and AMS.

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The ECHR, the EU and the Weakness of Social Rights Protection at the European Level

Cited by 7 publications

References 17 publications

The ‘normality’ of labour exploitation: The right to fair and just working conditions in the Union's social market economy

The ‘normality’ of labour exploitation: The right to fair and just working conditions in the Union's social market economy

Fundamental rights and humaneness in European private Law

Principled Silence or Mere Silence on Principles? The Role of the EU Charter’s Principles in the Case Law of the Court of Justice

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