Daily Archives: January 29, 2018

Retooling Social Europe Via Charters Of Rights

The power of accession

The EU could accede to the European Social Charter on the basis of Article 216 (1) TFEU. The idea of accession was also mentioned in 1984, when the European Parliament adopted the Draft Treaty Establishing the European Union, widely referred to as the “Spinelli Treaty”. Chapter 1 (Article 4. 2) refers to “economic social and cultural rights derived from the Constitutions of the Member States and from the European Social Charter”. Initiatives taken during the political run-up to embracing accession may play positively within European public opinion, as these would undoubtedly indicate that the EU is equally committed to the establishment of the internal market, and the creation of an area of freedom, security and justice, including social justice, where egalitarianism prevails in terms of civil, political, economic and social rights.
Window of opportunity

The incomplete project of constitutionalisation of social rights should come to a final conclusion. The European commitment to social rights is essentially rhetorical in nature, being through the years the Achilles heel of “Social Europe”. On that basis, the political and economic conditions may be propitious to reversing the downturn of the social rights. Given that the ultra-critical UK is no longer an “antagonist” of Social Europe owing to the recent Brexit vote, concrete measures via the ESPR could erode the economic and social divergences between Member States that have put Europe’s political cohesion at risk. Finally, this and the threat posed by the rise of extreme-right parties should motivate Europe to rethink its geopolitical role – and, indeed, its very nature.

via Retooling Social Europe Via Charters Of Rights