In this essay, the text of the preambles to the international instruments forming part of the conventional system of the European Social Charter is first analysed in the light of the preparatory works available. The activity of the body that monitors the compliance and enforcement with these instruments by the States Parties, the European Committee of Social Rights (ECSR), is then examined. It perceived the preambles not as merely exhortative parts of their respective Treaties, which have only a moral and political effect, but as useful texts both to clarify the meaning and scope of the rights enshrined in their dispositive parts and to achieve the ambitious objectives that come out of their comprehensive protection system. In conclusion, the European Social Charter, also thanks to the legal effectiveness accorded by the ECSR to those parts of the preambles highlighted here, can rightly be referred to as the European legal instrument most capable of protecting the social rights of citizens of the States that have ratified and actually implemented it.

Preambles

Giovanni Guiglia
2023-01-01

Abstract

In this essay, the text of the preambles to the international instruments forming part of the conventional system of the European Social Charter is first analysed in the light of the preparatory works available. The activity of the body that monitors the compliance and enforcement with these instruments by the States Parties, the European Committee of Social Rights (ECSR), is then examined. It perceived the preambles not as merely exhortative parts of their respective Treaties, which have only a moral and political effect, but as useful texts both to clarify the meaning and scope of the rights enshrined in their dispositive parts and to achieve the ambitious objectives that come out of their comprehensive protection system. In conclusion, the European Social Charter, also thanks to the legal effectiveness accorded by the ECSR to those parts of the preambles highlighted here, can rightly be referred to as the European legal instrument most capable of protecting the social rights of citizens of the States that have ratified and actually implemented it.
2023
978-90-04-43405-9
Preamble of the Revised Social Charter of 1996, Preamble of 1961 European Social Charter, Preamble of the Additional Protocol to the European Social Charter of 1988, Preamble of the Additional Protocol to the European Social Charter Providing for a System of Collective Complaints of 1995
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11562/1087532
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact