Collective Complaints As a Means for Protecting Social Rights in Europe

by Giuseppe Palmisano

Overview

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.

Product Details

ISBN-13:	9781839981432
Publisher:	Anthem Press
Publication date:	01/11/2022
Series:	Anthem Impact
Sold by:	Barnes & Noble
Format:	eBook
Pages:	80
File size:	329 KB

About the Author

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. 

Table of Contents

Preface; Introduction: Increased Interest in the Protection of Social Rights at the European Level: The Case of the European Social Charter and the Collective Complaints Procedure; 1. The European Social Charter Treaty System in a Nutshell; 2. Foundations and Rationale of the Collective Complaints Procedure within the European Social Charter System; 3. The Admissibility of Collective Complaints under the ESC System; 4. Procedural Stages, Aspects and Tools in the Examination of Collective Complaints; 5. The Result of the Assessment of Collective Complaints: The ECSR’s Decisions on the Merits and Their Follow-Up; 6. Jurisdictional Nature and Legal Value of the ECSR’s Decisions on the Merits; 7. The Interpretative Importance of the ECSR’s Case Law; 8. Final Considerations: Eff ectiveness and Appropriateness of the Collective Complaints Procedure as an Instrument for Protecting Social Rights in Europe; Bibliography; Index.

Editorial Reviews

‘The collective complaints procedure before the European Committee of Social Rights is one of the most powerful tools to uphold social rights in Europe, yet it is also among the least well understood. Giuseppe Palmisano is uniquely well positioned to provide this assessment: his contribution is an indispensable guide not only to the users, but also to all those who care about social justice in Europe.’ —Olivier De Schutter is the UN Special Rapporteur on extreme poverty and human rights.

‘The arguments in the book are well-supported by primary materials from the European Social Charter system, and the author demonstrates a deep understanding of that material. Appropriate use is made of international law scholarship and general international human rights law scholarship. The book addresses all the key issues of the collective complaints system and stays focused on those issues.’ —Dr Holly Cullen, The University of Western, Canada

‘One of the greatest virtues of the book lies in underlining the specific nature and impact of the collective complaints procedure before the European Committee of Social Rights as the most effective mechanism in Europe in the field of social rights.’ —Dr. Jimena Quesada, University of Valencia, Spain

From the Publisher