Description
Bloomsbury Publishing PLC The European Convention on Human Rights and the Employment Relation by Edited by Filip Dorssemont Edited by Klaus Loercher Edited by Isabelle Schoemann
The accession by the European Union to the ECHR opens up new possibilities for the constitutional recognition of fundamental rights in the EU heralding a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In other words the Lisbon Treaty makes the ECHR the new gold standard for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the case law of the Strasbourg and Luxembourg courts analysing the relevance of the ECHR for the protection of workers rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter by a prominent European human rights expert analyses the case law of the ECtHR and also looks at the equivalent international labour standards within the Council of Europe the ILO and the UN Covenants and the interpretation of these instruments by competent organs.The authors analyse the ways in which the CJEU has acknowledged the respective ECHR articles as general principles of EU Law and asks whether the Lisbon Treaty also warrants a reassessment of the way it has treated conflicts between these general principles and the so-called fundamental freedoms.