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Economic and Social Rights under the EU Charter of Fundamental Rights : A Legal Perspective - Tamara K. Hervey

Economic and Social Rights under the EU Charter of Fundamental Rights

A Legal Perspective

By: Tamara K. Hervey (Editor), Jeff Kenner (Editor)


Published: 10th September 2003
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The Charter of Fundamental Rights of the European Union includes, in addition to the traditional 'civil and political rights', a large number of rights of an economic or social nature. This collection of essays by leading scholars in this field considers the significance of the inclusion of such rights within the EU Charter, in terms of protection of individual and collective social and economic interests within and between the EU and its Member States. What differences might it make to EU law and policy (both in terms of its substance, and in terms of the processes by which it is formed), that certain economic and social rights are proclaimed in the EU Charter?

..interesting, well-researched and instructive... Frank Wooldridge International and Comparative Law Quarterly, Vol 55, Part 1 Jan 06 This book sets itself apart from the general constitutional debate by focusing on the economic and social rights contained in the Charter. This is particularly relevant, since it is precisely those provisions that cause concern for any eventual British ratification of the draft treaty. Kenners introductory chapter provides a useful overview of the development of rights documents at the UN, Council of Europe and EU levels, including the traditional hierarchy between civil political rights on the one hand and economic and social rights on the other. Sarah-Jane King Yearbook of European Law August 2004 This is a very interesting and topical book, containing essays of a consistently high standard ... well worth reading for anyone interested in the subject. Sandra Fredman Public Law September 2004

Introductionp. vii
List of Contributorsp. xiii
Table of Casesp. xv
Table of Legislationp. xxix
Table of Abbreviationsp. xlv
Economic and Social Rights in the EU Legal Order: The Mirage of Indivisibilityp. 1
Social Rights and Market Order: Adapting the Capability Approachp. 27
Fair and Just Working Conditionsp. 45
The Charter and Collective Labour Lawp. 67
The Right to Equality and Non-Discriminationp. 91
Gender Equalities and the Charter of Fundamental Rights of the European Unionp. 111
The Unsolved Conflict: Reshaping Family Work and Market Work in the EU Legal Orderp. 139
Social Security and Social Assistancep. 161
The 'Right to Health' in European Union Lawp. 193
Education, Multiculturalism and the Charter of Fundamental Rights of the European Unionp. 223
A 'New Governance' Approach to Economic, Social and Cultural Rights in the EUp. 247
The Double Constitutional Life of the Charter of Fundamental Rights of the European Unionp. 269
Bibliographyp. 301
Indexp. 321
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781841130958
ISBN-10: 1841130958
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 372
Published: 10th September 2003
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6  x 2.9
Weight (kg): 0.69
Edition Number: 1