Re-evaluated or Just Old-New? The Fundamental Social Rights Dimension of the Right to Work under Article 15 CFREU and in the Case-Law of the CJEU
Re-evaluated or Just Old-New? The Fundamental Social Rights Dimension of the Right to Work under Article 15 CFREU and in the Case-Law of the CJEU

Summary/Abstract: The right to work, widely regarded as a cornerstone of fundamental labour rights and arguably the most universal among social rights, may be examined across diverse national and international frameworks. Moreover, the analysis lends itself to multiple perspectives and approaches. Yet, owing to its social rights character, the right to work suffers from conceptual ambiguity: there is no settled consensus on its scope, normative content, or legal consequences. Its economic and political embeddedness further challenges the efforts of both legislators and courts that grapple with ascribing a coherent and uniform meaning to this right. This paper focuses on Article 15 of the Charter of Fundamental Rights of the European Union, which enshrines the freedom to choose an occupation and the right to engage in work. As a pioneering instrument in bridging the gap between first- and second-generation human rights, the Charter not only placed social rights firmly on the European integration agenda but also elevated them to the status of fundamental freedoms and human rights within the EU legal framework. The analysis proceeds along two axes. First, it examines the content and the background of formulation of Article 15, both on its own terms and in parallel with other international social rights instruments. Second, it assesses how the Court of Justice of the European Union has interpreted the right to work since the Treaty of Lisbon, when the CFREU acquired binding legal force. Through this dual lens, the study seeks to assess and understand differences in articulation, examine evolving case-law, and highlight broader trends regarding the development, scope, and limitations of labour rights protection within the European Union.

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