Is Charter of the Fundamental Rights of the EU Taking Social Rights Seriously?
Is Charter of the Fundamental Rights of the EU Taking Social Rights Seriously?

Summary/Abstract: The paper discusses the issue of a new position of the social rights brought by the adoption of a legally binding Charter of Fundamental Rights of the EU. The author examines whether formal turnover and incorporation of social rights into a single catalogue means also a revolution in the level of protection of these rights (which are traditionally associated with a cautious approach by both the national states and the international community). Author answers this question with a certain degree of scepticism. He points to the significant limitations which the Charter connects with social rights - namely the incompleteness of the catalogue, references to national law, an understanding of social rights as the principle of limited justiciability, and finally he discusses the special impact of the Protocol (No. 30) on the application of the Charter of Fundamental rights of the European Union to Poland and the United Kingdom on the social rights.

• Details
• Contents