Publications

Authors:

Guiglia, Giovanni

Title:

Preambles

Year:

2023

Type of item:

Contributo in volume (Capitolo o Saggio)

Tipologia ANVUR:

Contributo in volume (Capitolo o Saggio)

Language:

Inglese

Format:

A Stampa

Book Title:

The European Social Charter: A Commentary

Publisher:

Brill-Nijhoff

ISBN:

978-90-04-43405-9

Page numbers:

1-38

Keyword:

Preamble of the Revised Social Charter of 1996, Preamble of 1961 European Social Charter, Preamble of the Additional Protocol to the European Social Charter of 1988, Preamble of the Additional Protocol to the European Social Charter Providing for a System of Collective Complaints of 1995

Short description of contents:

In this essay, the text of the preambles to the international instruments forming part of the conventional system of the European Social Charter is first analysed in the light of the preparatory works available. The activity of the body that monitors the compliance and enforcement with these instruments by the States Parties, the European Committee of Social Rights (ECSR), is then examined. It perceived the preambles not as merely exhortative parts of their respective Treaties, which have only a moral and political effect, but as useful texts both to clarify the meaning and scope of the rights enshrined in their dispositive parts and to achieve the ambitious objectives that come out of their comprehensive protection system. In conclusion, the European Social Charter, also thanks to the legal effectiveness accorded by the ECSR to those parts of the preambles highlighted here, can rightly be referred to as the European legal instrument most capable of protecting the social rights of citizens of the States that have ratified and actually implemented it.

Web page:

https://brill.com/edcollchap/book/9789004434066/BP000001.xml

Product ID:

132470

Handle IRIS:

11562/1087532

Last Modified:

July 10, 2023

Bibliographic citation:

Guiglia, Giovanni, Preambles The European Social Charter: A Commentary , Brill-Nijhoff , 2023 , pp. 1-38

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