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Title The European Social Charter : a commentary. Volume 2, Preamble, Part I and Part II (Articles 1 To 10) / [edited] by the Academic Network on the European Social Charter and Social Rights ; edited by Carole Nivard
Published Leiden ; Boston : Brill Nijhoff, [2023]


Description 1 online resource (368 p.)
Contents Half Title -- Title Page -- Copyright Page -- Contents -- Foreword -- Preliminary Remarks and Acknowledgments -- Abbreviations -- Table of Cases -- Notes on Contributors -- Preambles -- I The Preamble in the Preparatory Work of the European Social Charter -- II The Preambles of the Additional Protocols of 1988 and 1995 -- III Towards the Revision of the European Social Charter -- IV The Preamble of the European Social Charter Revised -- V The Preambles of the Charter and Its Protocols in the Practice of the European Committee of Social Rights
A The Preambles in the Control Procedure over States' Reports -- B The Preambles within the Collective Complaints' Procedure -- Concluding Remarks -- Part 1 List of Rights and Principles -- List of Rights and Principles -- I Presentation -- A Origins: The Expression of a Compromise -- B An Ambivalent Content -- 1 A Simple Catalogue of Rights and Principles? -- 2 A Shared Foundation of Social Values? -- C An Uncertain Legal Scope -- 1 An a Priori Declarative Value -- 2 A Normative Scope: The Obligation to Pursue All Listed Goals -- a An Obligation Set Out in the First Sentence of Part 1
B Nature of the Obligation in the First Sentence -- II Practice -- A An Underexploited Incentivizing Function -- B An Underdeveloped Interpretive Function -- Concluding Remarks -- Part 2 Revised European Social Charter -- Article 1 The Right to Work -- I The Conception of the Right to Work -- II Article 1 1: Full and Stable Employment -- A The Nature of State Obligations -- B Article 1 1 in the Light of European Union Policies -- III Article 1 2: Free Labour and Prohibition of Discrimination -- A The Prohibition of Discrimination -- B The Prohibition of Forced and Compulsory Labour
C Conditions for Social Security Benefits and the Prohibition of Labour Exploitation -- D New Frontiers in the Protection of Free Labour -- IV Article 1 3: Free Employment Services for All Workers -- V Article 1 4: Vocational Guidance and Training -- VI Correlations and Divergences between the Right to Work in Other International Instruments -- VII The Relationship between Article 1 and the Other Provisions of the Charter -- VIII Brief Considerations on Enforcement Perspectives -- Concluding Remarks -- Article 2 The Right to Just Conditions of Work -- I Article 1 1 -- Reasonable Working Time
II Article 2 2 -- Public Holidays with Pay -- III Article 2 3 -- Annual Holiday with Pay -- IV Article 2 4 -- Reduced Working Hours or Additional Holidays in Dangerous or Unhealthy Occupations -- V Article 2 5 -- Weekly Rest Period -- VI Article 2 6 -- Information on the Employment Contract -- VII Article 2 7 -- Night Work -- Concluding Remarks -- Article 3 The Right to Safe and Healthy Working Conditions -- I Article 3 1 -- II Article 3 2 -- III Article 3 3 -- IV Article 3 4 -- Concluding Remarks -- Article 4 Right to a Fair Remuneration
Summary "This commentary, drafted by scholars of the Academic Network on the European Social Charter and Social Rights, is aimed both at researchers studying socio-economic rights in Europe, and at legal practitioners; civil society organisations, trade unions and ministerial staff engaging with the procedures of the European Committee of Social Rights. The text is compiled by a large body of expert contributors, working together with an Editorial Board, under the supervision of a Scientific Committee. The commentary will offer approximately 106 Chapters, organized in eight volumes, some of which are focused on the substantive state obligations and the jurisprudence of the European Committee of Social Rights, others on the procedures that state representatives, international bodies and applicants must follow to engage with the system of the European Social Charter. The volumes in this monumental and authoritative collection will be published from 2022 onwards"-- Provided by the publisher
Bibliography Includes bibliographical references
Notes I Article 4 1: Right to a Fair Remuneration
Description based on online resource; title from digital title page (viewed on April 27, 2023)
Subject European Committee of Social Rights.
SUBJECT European Social Charter (1961 October 18)
European Social Charter (1961 October 18) fast
Subject Social rights -- Europe
Social legislation -- Europe
Labor laws and legislation -- Europe
European Social Charter.
Social rights
Labor laws and legislation
Social legislation
Social policy
SUBJECT Europe -- Social policy
Subject Europe
Form Electronic book
Author Nivard, Carole, editor.
Academic Network on the European Social Charter and Social Rights, editor.
ISBN 9789004434066