Assessing the Effectiveness of the European Social Charter: A Case Study on Dismissal Reforms

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.