This essay aims to explore the preambles to the international instruments which are part of the treaty system of the European Social Charter in the light of the preparatory works. The activity of the body that monitors the enforcement and compliance with these instruments by the States Parties, namely the European Committee of Social Rights (ECSR), is then examined. This body made use of the preambles not as merely exhortative parts of their respective Treaties, which have only a moral and political effect, but rather as texts useful both to clarify the meaning and scope of the rights enshrined in their relevant parts and to achieve the ambitious objectives that come out of their comprehensive scope of protection. In conclusion, the European Social Charter, also thanks to the legal effectiveness granted by the ECSR to parts of the aforesaid preambles, can be referred to as the most effective European legal instrument for protecting social rights of citizens of the States that have ratified and actually implemented it.

I preamboli nel sistema convenzionale della Carta sociale europea

Guiglia, G.
2021

Abstract

This essay aims to explore the preambles to the international instruments which are part of the treaty system of the European Social Charter in the light of the preparatory works. The activity of the body that monitors the enforcement and compliance with these instruments by the States Parties, namely the European Committee of Social Rights (ECSR), is then examined. This body made use of the preambles not as merely exhortative parts of their respective Treaties, which have only a moral and political effect, but rather as texts useful both to clarify the meaning and scope of the rights enshrined in their relevant parts and to achieve the ambitious objectives that come out of their comprehensive scope of protection. In conclusion, the European Social Charter, also thanks to the legal effectiveness granted by the ECSR to parts of the aforesaid preambles, can be referred to as the most effective European legal instrument for protecting social rights of citizens of the States that have ratified and actually implemented it.
European Social Charter, Preamble of the European Social Charter, Preambles in the European Social Charter treaty system, European Committee of Social Rights, Decisions and Conclusions of the European Committee of Social Rights
Carta Sociale Europea, Preambolo della carta Sociale Europea, Preamboli nel sistema convenzionale della Carta Sociale Europea, Decisioni e conclusioni del Comitato Europeo dei Diritti Sociali
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11562/1045919
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