The opportunities of the European Social Charter (in Italy)

This work aims at highlighting the opportunities offered at national and European level by the European Social Charter. The actual EU process for the achievement of the complete protection of human rights in Europe is justified by the EU non-accession to the European Social Charter and to the ESC (revised). In fact the analysis of the Treaty of Nice allows to identify relevant gaps as concerns social rights and principles and underlines their actual juridical effectiveness in national laws. This work offers different interpretative techniques, studies various procedural peculiarities and focuses on the most relevant elements regarding the ESC and the ESC (revised) enforceability and justiciability. In this context the jurisprudential harmonization passes through the activity of the ECHR and the ECSR and stimulates an interesting jurisprudential and conceptual comparison with the Italian provisions on social rights, starting from the Italian Constitution.