STATES' OBLIGATION REGARDING SOCIAL PROTECTION IN EUROPE
STATES' OBLIGATION REGARDING SOCIAL PROTECTION IN EUROPE

Summary/Abstract: This paper examines the development of states’ obligations regarding social protection in Europe, focusing on the legal frameworks established by the Council of Europe and the European Union. It traces the evolution of social security from its early foundations to the emergence of international and regional standards, particularly ILO Convention No. 102, the European Social Charter, and the European Code of Social Security.The analysis centres on Article 12 of the European Social Charter, which requires states to establish and maintain social security systems, ensure their progressive development, and guarantee equal treatment for nationals and non-nationals. The role of the European Committee of Social Rights is highlighted as a key interpretative and supervisory body. Furthermore, the paper outlines how the European Code of Social Security raises minimum standards and contributes to the continuous development of social protection.The European Union’s role is examined through its coordinating function, ensuring the protection of social security rights in the context of free movement, while leaving the organisation of systems to Member States. Overall, the paper demonstrates that European social protection law imposes a dynamic obligation on states to maintain inclusive, sustainable, and evolving social security systems.

• Details
• Contents