Collective Complaints As a Means for Protecting Social Rights in Europe

Collective Complaints As a Means for Protecting Social Rights in Europe

By Giuseppe Palmisano

Anthem Impact

This monograph explores and clarifies the specific features of the collective complaints procedure, established by the treaty system of the European Social Charter as an instrument for the protection of social rights, in the light of its evolutive application by the European Committee of Social Rights.

Paperback, 250 Pages

ISBN:9781839981418

January 2022

£20.99, $24.95

  • About This Book
  • Reviews
  • Author Information
  • Series
  • Table of Contents
  • Links

About This Book

Within the framework of the human rights treaty system of the European Social Charter, the collective complaints procedure was created in 1995 as an optional quasi-jurisdictional monitoring mechanism specific for the protection of social rights. In recent years, the importance and use of this procedure has increased considerably, in the context of a number of serious economic and social crises which are impacting negatively on the effective enjoyment of social rights in Europe.

The present monograph explores and clarifies the specific features of the collective complaints procedure, intended as a sui generis instrument for the protection of social rights in the light of its evolutive application by the European Committee of Social Rights (the monitoring body of the European Social Charter) and its real impact on the state and conditions of social rights in the European countries concerned. 

The analysis particularly dwells on the collective nature of the mechanism, and its implications from the standpoint of the admissibility of complaints, on the adversarial character of the procedure and on the particularities of the follow-up to findings of violation adopted by the European Committee of Social Rights (ECSR). The crucial issues concerning the legal value and effects of the ECSR’s decisions on the merits of collective complaints, on the one hand, and the effectiveness of the collective complaints procedure as a means for the protection of social rights, on the other hand, are also addressed. Lastly, the book proposes some reflections on the supposed limitations on the effectiveness of a procedure which is conceived to deal not with individual situations of human rights violations but with violations characterized by elements of "collective importance" for many subjects.

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Author Information

Giuseppe Palmisano, former President and currently General Rapporteur of the European Committee of Social Rights, is Full Professor of International Law at the University of Roma Tre. 

Series

Anthem Impact

Table of Contents

1. Introduction 2. The ESC Treaty System in a Nutshell; 3. The Original Purpose and Collective Character of the Monitoring Mechanism Created by the 1995 Additional Protocol to the ESC; 4. Main Issues in the Admissibility of Collective Complaints; 5. Rules and Features of the Litigation Stage of the Procedure; 6. The Decisions on the Merits of Collective Complaints Adopted by the European Committee of Social Rights (ECSR); 7. Jurisdictional Nature and Legal Scope of the ECSR Decisions on the Merits; 8. The Interpretative Value of the ECSR Jurisprudence; 9. Final Reflections.

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