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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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Presentation on theme: "Social Rights and the European Union Law What are social rights? Are they different from civil/political rights?"— Presentation transcript:

1 Social Rights and the European Union Law What are social rights? Are they different from civil/political rights?

2 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

3 Thesis: there is no clear difference between civil and social rigts at EU level I. Vertical harmonisation II. Soft law III. Judicial enforcement

4 I. Vertical harmonization of Social Rights: Anti- discrimination, Labour and Consumer Law access justice rather than access to justice (Micklitz) Enforceable Rights

5 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

6 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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