ǂThe ǂCharter of Fundamental Rights of the European Union and the employment relation

The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on the one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017). Preface Table of Contents List of Contributors Abbreviations 1. Introduction I. Context II. Objectives III. Structure and Contents IV. Conclusions Part I: General Part 2. The CFREU and its Specific Role to Protect Fundamental Social Rights I. Introduction II. The Genesis of Fundamental Social Rights in the Charter of Fundamental Rights III. The Impact of the Charter on the Practice of the Institutions IV. The Constitutionalisation of the Charter V. Conclusion 3. The Future of the Charter on Fundamental Rights of the European Union I. Introduction II. The European Pillar of Social Rights III. ‘Brexit’ IV. The Relation Between the CJEU and the ECTHR V. Conclusion 4. In Search of the EU’s Social Constitution: Using the Charter to Recalibrate Social and Economic Rights I. Introduction II. The Nature of the Social Constitution III. The Social Constitution and the Internal Market IV. The Social Constitution and EMU V. Levels of Governance: The Role of Transnational Social Rights in Framing National-Level Legislation VI. Conclusions 5. The Concept of the ‘Employment Relation’ I. Introduction II. The Worker III. The Employer IV. The Business Structure V. Conclusions 6. Application (Article 51) and Limitations (Article 52(1)) Explanations on Article 51 – Field of Application Explanations on Article 52 – Scope and Interpretation of Rights and Principles I. Introduction II. Article 51 CFREU III. Article 52(1) Limitations under the CFREU IV. Conclusion 7. Interpretation and Minimum Level of Protection Explanations on Article 52 – Scope and Interpretation of Rights and Principles I. Introduction II. Interpretation III. Minimum Level of Protection IV. Application of the Principles in Practice V. Conclusions Annexes 8. Procedure: Litigating before EU Courts in the Light of the Charter I. Introduction II. Overview of (Judicial) Procedures III. Limits to Access to EU Courts IV. The CJEU’S (Limited) Use of the Charter V. Conclusions Part II: Specific Articles Title I – Dignity 9. Article 1 – Human Dignity Explanations I. Introduction II. Content III. Conclusions 10. Article 5 – Prohibition of Slavery and Forced Labour Explanations I. Introduction II. Content III. Conclusions Title II – Freedoms 11. Article 7 – Protection of Private and Family Life Explanations I. Introduction II. Content III. Conclusions 12. Article 8 – Protection of Personal Data Explanations I. Introduction II. Content III. Conclusions 13. Article 10 – Freedom of Thought, Conscience and Religion Explanations I. Introduction II. Content III. Conclusions 14. Article 11 – Freedom of Expression and Information Explanations I. Introduction II. Content III. Conclusions 15. Article 12 – Freedom of Assembly and of Association Explanations I. Introduction II. Content III. Conclusions 16. Article 15 – Freedom to Choose an Occupation and Right to Engage in Work Explanations I. Introduction II. Content III. Conclusion 17. Article 16 – Freedom to Conduct a Business Explanations I. Introduction II. Content III. Conclusions 18. Article 17(2) – Right to Intellectual Property Explanations I. Introduction II. Content III. Conclusions Title III – Equality 19. Articles 20 and 21 – Equality and Non-discrimination Explanations on Article 20 – Equality Explanations on Article 21 – Non-Discrimination I. Introduction II. Content III. Conclusions 20. Article 23 – Equality Between Men and Women Explanations I. Introduction II. Content III. Conclusions Title IV – Solidarity 21. Article 27 – Worker’s Right to Information and Consultation within the Undertaking Explanations I. Introduction II. Content III. Conclusions 22. Article 28 – Right of Collective Bargaining and Action Explanations I. Introduction II. Content III. Conclusions 23. Article 30 – Protection in the Event of Unjustified Dismissal Explanations I. Introduction II. Content III. Conclusion 24. Article 31 – Fair and Just Working Conditions Explanations I. Introduction II. Content III. Conclusions 25. Article 32 – Prohibition of Child Labour and Protection of Young People at Work Explanations I. Introduction II. Content III. Conclusions 26. Article 33 – Family and Professional Life Explanations I. Introduction II. Content III. Conclusions Title VI – Justice 27. Article 47 – Right to an Effective Remedy and to a Fair Trial Explanations I. Introduction II. Content III. Conclusions 28. Conclusions I. The Last Part of a Trilogy II. Great Expectations III. A Tale of two Cities IV. Hard Times V. Always Look on the Bright Side of Life: Towards a Christmas Carol After All? Bibliography Index "The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017)"--Bloomsbury Publishing. "The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on previous volumes setting out links between European labour law and fundamental social rights, in this book the Transitional Trade Union Rights Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the Charter"-- Provided by publisher