Table of Contents

Research Handbook on European Social Security Law

Research Handbook on European Social Security Law

Research Handbooks in European Law series

Edited by Frans Pennings and Gijsbert Vonk

This Handbook encompasses four dimensions of European social security law: social security as a human right, standard setting in social security, the protection of mobile persons and migrants and the global context of European social security law. It pays attention to both EU law and to various instruments of the Council of Europe. In 25 chapters prominent experts analyse contemporary debates, discuss new challenges and point out further lines of research. Through this exploration, the Handbook provides a source of inspiration for the development of this special field of law.

Chapter 4: Social security in the ‘case law’ of the Social Rights Committee

George Katrougalos

Subjects: law - academic, european law, law and society

Abstract

The European Social Charter is, arguably, the most comprehensive and extensive international instrument of protection of social rights, preceding by five years the UN Covenant on Economic and Social Rights. It protects explicitly the right to Social Security in Article 12. The importance of the Charter increased after the 1995 Protocol on Collective Complaints, which established a procedure of collective complaints; the latter constitutes an unprecedented monitoring mechanism for social rights, providing for hearings from both sides and a decision stipulating whether the Charter has been violated. Even though the monitoring organ of the Charter, the European Committee of Social Rights, is not a formal court, its decisions can be considered as quasi-judicial acts. Recently, in a number of decisions on collective complaints of trade unions related to restrictions due to the economic crisis in countries of Southern Europe, the Committee has declared a violation of Art. 12, reaffirming its stance that ‘the economic crisis should not have as a consequence the reduction of the protection of the rights recognized by the Charter. Hence, governments are bound to take all necessary steps to ensure that the rights of the Charter are effectively guaranteed at a period of time when beneficiaries most need the protection’.

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