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European Observer on fundamental right's respect

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Relations (15/05/2008) - Social rights, Charter of fundamental rights and European integration

Title: Social rights, Charter of fundamental rights and European integration

Date: 05/15/2008

Subject: After and introductory reflection on the evolution of fundamental rights in modern and contemporary constitutionalism, the Author analyzes the evolution of social rights. The analysis concerns, in particular, the nature, the binding juridical form and the enforceability of social rights and aims at finding in the law a notion corresponding to that which has been adopted in the case-law of the Court of Justice concerning the “common constitutional traditions of Member States”. The Author then deals with some of the most recent questions arising from the process of integration in the light of the Lisbon Treaty, which specific regard to the guarantee of social rights in the European Union. He examines the value and juridical binding force of the Charter of fundamental rights of the European Union and the consequences on a juridical and institutional level deriving from the adhesion of the Union to the European Convention on Human Rights.

Original language: French

Classification: General theme

Text download French