Analítico de Periódico
DE SCHUTTER, Olivier
The accession of the European to the European Social Charter : a fresh start / Olivier De Schutter
Journal Européen des Droits de l'Homme, Bruxelles, n.3 (décembre 2019), p.155-197
DIREITO COMUNITÁRIO, CARTA SOCIAL EUROPEIA, DIREITOS FUNDAMENTAIS, DIREITO SOCIAL, UNIÃO EUROPEIA
This paper argues in favor of the accession of the European Union to the Council of Europe’s Social Charter. Although the European Union treaties contain references to the European Social Charter, such references have not led the Court of the Justice of the European Union to fully take in to account the European Social Charter in its case-law defining fundamental rights protected in EU legal order, a gap which the EU Charter of Fundamental Rights, due its selective approach towards social rights, did not compensate for. Because of the increased risks of conflicts between EU law and the European Social Charter, however, the relationship of the EU to the European social Charter should be re-explored. The EU could see this challenge as an opportunity to decide to be bound by the European Social Charter, and launch a process towards its accession to this instrument. The constitutional challenges are real, but they are not insurmountable.