The European Convention on Human Rights and the Employment Relation

The European Convention on Human Rights and the Employment Relation


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The European Convention on Human Rights and the Employment Relation by Filip Dorssemont

The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law, it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms, this means EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental social rights. This book focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the EU (CJEU), analyzing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relationship. Each chapter is written by a prominent European human rights expert and includes analysis of: the case law of the European Court of Human Rights * the equivalent international labor standards within the Council of Europe (in particular, the (Revised) European Social Charter) * the International Labor Organization (in particular, the fundamental rights conventions) * the UN Covenants (in particular, the International Covenant on Economic, Social and Cultural Rights and the interpretation of these instruments by competent organs). The book also analyzes the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU Law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms.'

Product Details

ISBN-13: 9781849463386
Publisher: Hart Publishing
Publication date: 12/14/2012
Pages: 482
Product dimensions: 6.14(w) x 9.21(h) x 0.86(d)

Table of Contents

Preface v

List of Contributors xi

Table of Cases xiii

Table of Legislation xxxi

General Part

1 The New Social Dimension in the Jurisprudence of the European Court of Human Rights (ECtHR): The Demir and Baykara Judgment, its Methodology and Follow-up Klaus Lörcher 3

2 A Twenty-First-Century Procession of Echternach: The Accession of the EU to the European Convention on Human Rights Rick Lawson 47

3 Procedure in the European Court of Human Rights (with a Particular Focus on Cases Concerning Trade Union Rights) John Hendy QC 61

4 The Future of the European Court of Human Rights in the Light of the Brighton Declaration Klaus Lörcher 93

5 Human Rights in Employment Relationships: Contracts as Power Olivier De Schutter 105

Analysis of the ECHR

6 The Prohibition of Slavery, Servitude and Forced and Compulsory Labour under Article 4 ECHR Virginia Mantouvalou 143

7 Labour Law Litigation and Fair Trial under Article 6 ECHR Sébastien Van Drooghenbroek 159

8 Article 8 ECHR: Judicial Patterns of Employment Privacy Protection Frank Hendrickx Aline Van Bever 183

9 Freedom of Religion and Belief, Article 9 ECHR and the EU Equality Directive Lucy Vickers 209

10 The Right to Freedom of Expression in the Workplace under Article 10 ECHR Dirk Voorhoof Patrick Humblet 237

11 The Right to Form and Join Trade Unions Protected by Article 11 ECHR Isabelle Van Hiel 287

12 Article 11 ECHR: The Right to Bargain Collectively under Article 11 ECHR Antoine Jacobs 309

13 The Right to Take Collective Action under Article 11 ECHR Filip Dorssemont 333

14 Prohibition of Discrimination under Article 14 European Convention on Human Rights Niklas Bruun 367

15 Every Natural or Legal Person is Entitled to the Peaceful Enjoyment of His or Her Possessions: Article 1, Protocol 1 to the European Convention on Human Rights Petra Herzfeld Olsson 381


16 The European Convention on Human Rights and the Employment Relation Filip Dorssemont Klaus Lörcher 417

Index 431

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