‘EU policies and EU legislation need to be based on objective, reliable and comparable date on the respect of fundamental rights in the EU.’ After enforcing the Charter of Fundamental rights as primary law, the national courts have been using the Charter frequently on different cases. The Charter had a great impact upon the nationals Court’s decision on protecting social rights related to employment and labour law. This essay will focus on the development of the Charter within the EU law through different cases. The first part of the essay will be based on a historical background, to give a better understanding of the social rights and the development and evolution of those rights throughout the years. The second part of the essay will discuss the EU Treaties and their approach towards the protection of the social rights. The third part of the essay will focus on the implementation of the EU Charter as a legal binding document to all Member States and the opt-outs from the Charter. This essay will conclude on the influence that the EU Charter has on the Courts decisions, in order to evaluate the impact that has on social rights within the EU.
The Council of Europe adopted the European Social Charter in 1961 and was revised in 1996 and is considered as being the inspiration for the social objectives in the EU. The Charter included employment protection rights, such as the right to work, or the right to work in a safe environment, the right for collective bargain for trade unions and the right to organize. Also, there were welfare rights, such as access to medical and social assistance, protection of health and social welfare and the right for social security services. Additionally, th...
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