TY - JOUR
T1 - Assessing the Effectiveness of the European Social Charter
T2 - A Case Study on Dismissal Reforms
AU - Papadopoulos, Nikolaos A.
N1 - Funding Information:
* Former PhD Researcher, Maastricht University, [email protected]. The completion of this Article was funded by the State Scholarships Foundation (IKY) under its scholarship programme in cooperation with the National Bank of Greece (NBG). The Article develops ideas of the author’s completed PhD project. The views expressed are personal only.
Publisher Copyright:
© (2022). All Rights Reserved.
PY - 2022/1/1
Y1 - 2022/1/1
N2 - In the aftermath of the Eurozone crisis, several states in Europe carried out structural re-forms targeting existing laws on dismissals, thus weakening employee protection. In that context, the Revised European Social Charter, as interpreted by the European Committee of Social Rights, established itself as a reliable legal instrument protecting employees against certain types of unfair (unjustified) dismissal in Europe. This Article follows a case study design to undertake a comparative examination of the impact of the Revised Charter’s perspective vis-à-vis unfair dismissals in some European jurisdictions (Italy, France, and Greece), with a particular focus on the reasoning of their domestic courts in recent relevant decisions. In light of the findings, it provides a discussion of the Charter’s renewed potential to advance economic and social rights, especially the right to protection in cases of termination of employment, across domestic jurisdictions in Europe.
AB - In the aftermath of the Eurozone crisis, several states in Europe carried out structural re-forms targeting existing laws on dismissals, thus weakening employee protection. In that context, the Revised European Social Charter, as interpreted by the European Committee of Social Rights, established itself as a reliable legal instrument protecting employees against certain types of unfair (unjustified) dismissal in Europe. This Article follows a case study design to undertake a comparative examination of the impact of the Revised Charter’s perspective vis-à-vis unfair dismissals in some European jurisdictions (Italy, France, and Greece), with a particular focus on the reasoning of their domestic courts in recent relevant decisions. In light of the findings, it provides a discussion of the Charter’s renewed potential to advance economic and social rights, especially the right to protection in cases of termination of employment, across domestic jurisdictions in Europe.
KW - art. 24 Revised European Social Charter
KW - collective complaints procedure
KW - domestic courts
KW - economic and social rights
KW - European Committee of Social Rights
KW - unfair dismissals
U2 - 10.15166/2499-8249/628
DO - 10.15166/2499-8249/628
M3 - Article
SN - 2499-8249
VL - 7
SP - 1569
EP - 1592
JO - European Papers : a journal on law and integration
JF - European Papers : a journal on law and integration
IS - 3
ER -