Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ Dépôt Institutionel ...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
addClaim

The Charter of Fundamental Rights as a Social Rights Charter

Authors: De Schutter, Olivier;

The Charter of Fundamental Rights as a Social Rights Charter

Abstract

The promotion and protection of social rights within the legal order of the European Union was always considered with suspicion, not only because of the doubts concerning the status of such rights -- and in particular concerning their justiciability --, but also because of the potential impacts of the recognition of social rights at EU level on the allocation of competences between the EU and its Member States, and because of the original understanding of European integration in the 1957 Treaty of Rome establishing the European Economic Community, which to a large extent was premised on the decoupling between the economic and the social spheres in the European project. This paper examines the impacts on this debate of the proclamation in 2000 of the Charter of Fundamental Rights, and of the later incorporation of the Charter in the European Treaties. The Charter recognizes social rights as part of the fundamental rights acquis of the Union. But the status of social rights in the Charter also reflects the fears that have always imposed limitations to such recognition. In order to illustrate how, this paper replaces the social provisions of the Charter of Fundamental Rights within the broader context of social provisions in the constitutional architecture of the EU, in order to assess its added value. It first recalls the conditions under which the Charter of Fundamental Rights was drafted, and how the social provisions of the Charter were inspired by theexisting acquis of social rights, both in EU law and in regional or international human rights instruments (2). Next, it assesses the impact of the Charter on the working methods of the European Commission and the Council of the EU (3). It then turns to the implications of the constitutionalization of the Charter by the Treaty of Lisbon (4). It examines in this regard a number of questions that are crucial to assess the contribution of the Charter to Social Europe: they include the distinction between 'rights' and 'principles' presupposed in the amended version of the Charter; the positive duties that may be imposed on the basis of the Charter; or the role of the Charter in influencing the exercise by the institutions of the EU of the competences they have been attributed. A brief conclusion is offered .

Country
Belgium
Related Organizations
  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green