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Published byMitchell Dawson Modified over 9 years ago
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Social Rights and the European Union Law What are social rights? Are they different from civil/political rights?
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Traditional line of thought: civil/political rights and social rights have different nature European Convention of Human Rights (1950) enforceable rights (ECtHR) – State lack of interference is sufficient European Social Charter (1961) European Committee of Social Rights determining whether or not national law and practice in the States Parties are in conformity with the Charter – Positive obligations of the State
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Thesis: there is no clear difference between civil and social rigts at EU level I. Vertical harmonisation II. Soft law III. Judicial enforcement
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I. Vertical harmonization of Social Rights: Anti- discrimination, Labour and Consumer Law access justice rather than access to justice (Micklitz) Enforceable Rights
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II. Soft Law: Unenforceable Social Rights recognized by the European Charter of Human Rights -Monitoring procedure -Collective complaints -Source of inspiration of secondary legislation and non-binding documents -Diagonal effects
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III. Enforcement of Social Rights through the European Court of Human Rights ECtHR judgment 15 October 2013, (Ceesay Ceesay v Spain) ECtHR judgment 24 April 2012 (Yordanova and others v Bulgaria)...
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