Collective complaints as a means for protecting social rights in Europe / Giuseppe Palmisano.

Format:

Book

Author/Creator:

Palmisano, Giuseppe (Law teacher), author.

Series:

Anthem Impact

Language:

English

Subjects (All):

European Committee of Social Rights.

Human rights--Europe.

Human rights.

Social rights--Europe.

Social rights.

Physical Description:

1 online resource (viii, 72 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

London : Anthem Press, 2022.

Summary:

The collective complaints procedure was created in 1995 as an optional quasi-jurisdictional monitoring mechanism specific for the protection of social rights, within the framework of the Council of Europe treaty system of the European Social Charter. In recent years, the importance and use of this procedure has increased considerably, in the context of a number of serious economic and social crises which are impacting negatively on the effective enjoyment of social rights in Europe. This short monograph explores and clarifies the specific features, the potential and limits of the collective complaints procedure, intended as a sui generis instrument for the protection of social rights, in the light of its evolutive application by the European Committee of Social Rights (the monitoring body of the European Social Charter) and its real impact on the state and conditions of social rights in the European countries concerned.

Contents:

Cover

Front Matter

Half title

Title page

Contents

Copyright page

Preface

Chapter Int-null

Introduction: Increased Interest in the Protection of Social Rights at the European Level: The Case of the European Social Charter and the Collective Complaints Procedure

1. The European Social Charter Treaty System in a Nutshell

2. Foundations and Rationale of the Collective Complaints Procedure within the European Social Charter System

3. The Admissibility of Collective Complaints under the ESC System

Issues Relating to the Admissibility of Complaints Lodged by Trade Unions

Issues Relating to the Admissibility of Complaints Lodged by NGOs

Issues of Admissibility Relating to the Substance of a Collective Complaint

4. Procedural Stages, Aspects and Tools in the Examination of Collective Complaints

An Adversarial Procedure

Third- Party Observations

Immediate Measures

Public Hearings

5. The Result of the Assessment of Collective Complaints: The ECSR's Decisions on the Merits and Their Follow- Up

Decisions on the Merits

Follow- Up to Decisions on the Merits

6. Jurisdictional Nature and Legal Value of the ECSR's Decisions on the Merits

7. The Interpretative Importance of the ECSR's Case Law

8. Final Considerations: Effectiveness and Appropriateness of the Collective Complaints Procedure as an Instrument for Protecting Social Rights in Europe

End Matter

Bibliography

Index.

Notes:

Title from publisher's bibliographic system (viewed on 02 Mar 2022).

Includes bibliographical references and index.

Other Format:

Print version: Palmisano, Giuseppe Collective Complaints As a Means for Protecting Social Rights in Europe

ISBN:

9781839981432

1839981431

9781839981425

1839981423

OCLC:

1291318020