Ci-joint vous trouverez le poster de la Conférence organisée par la Séction Italienne du RACSE, relative à la Charte sociale européenne et qui aura lieu le 26 février à Reggio de Calabre (Italie).
“HOW TO MAKE THE BEST USE OF THE COLLECTIVE COMPLAINTS PROCEDURE UNDER THE EUROPEAN SOCIAL CHARTER”
Awareness-raising and training for Non-Governmental Organisations organised by the Council of Europe’s INGOs Conference and Social Platform, with the support of ANESC – Academic Network on the European Social Charter and Social Rights, in the framework of the “Turin Process”
22 September 2015, European Economic and Social Committee, Trèves Building, 7th floor, 74 rue de Trèves, 1040 Brussels
PURPOSE OF THE TRAINING
The purpose of the training is to make sure that European Non-Governmental Organisations are duly informed about the Collective Complaints Procedure and fully aware of their key role in its operation, with a view to a better protection of fundamental social rights at the pan-European level. The training therefore aims at:
1. Improving knowledge of INGOs about the Collective Complaints Procedure and the related normative system of the European Social Charter;
2. Promoting an in depth exchange of views and experiences among INGOs with respect to the procedure, in relation to specific themes, provisions and/or States Parties;
3. Providing technical advice with respect to possible questions from INGOs wishing to make better use of the procedure.
The training is part of the ‘Turin process’ launched by the Secretary General of the Council of Europe at the High-Level Conference on the European Social Charter (Turin, 17-18 October 2014).
The ‘Turin process’ aims at reinforcing the normative system of the Charter within the Council of Europe and in its relationship with the law of the European Union. The objective is to improve the implementation of fundamental social rights throughout Europe, in parallel to the civil and political rights guaranteed by the European Convention on Human Rights.
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Due to limited space, only one person per European organisation can participate. Please register here by 16 July 2015. State the following information when you register:
1. Name/ Email/ Organisation/ Position
2. If your organisation already fulfils the conditions to lodge complaints or wish to do so in the future. For more information:
- Brochure on the European Social Charter’s Collective Complaints Procedure,
- List of Organisations entitled to submit complaints to the European Committee of Social Rights,
- Instructions for NGOs wishing to enrol as Organisations entitled to lodge complaints.
3. Contact information for one of your national members who you believe has the capacity to assist your organisation in taking on a complaint in the future. We will invite a few selected national NGOs to the training.
4. Session II will take place in the form of two parallel workshops focusing on different themes, and specific provision of the European Social Charter. With this in mind, please indicate topics/situations raising concern at national level and the relevant provision(s) of the Charter.
DESPOINA M. TSAKIRI, Lawyer in the Bar Association of Thessaloniki, Greece
THE PROTECTION OF THE FUNDAMENTAL SOCIAL RIGHTS IN THE GREEK LEGAL SYSTEM
TABLE OF CONTENTS
- Constitutional sources and ordinary legislation. 6
- International legal sources. 7
- EU legal sources. 8
- The Greek system of judicial review.. 9
DOWNLOAD THE PAPER : THE PROTECTION OF THE FUNDAMENTAL SOCIAL RIGHTS IN THE GREEK LEGAL SYSTEM
The current study aims to present the framework of the fundamental social rights in the Greek legal system as this has been formed in the national and international cadre. In the first part of the current study we will address the legislative sources of the fundamental social rights in the Greek legal order as well as the hierarchy and the relations among them in case of contradiction. After a brief presentation of the role of social rights in the Greek legal order, it will be also presented the Greek system of the constitutionality control as this is realized by the Greek courts and constitutes a substantial part of the judicial review in Greece.
In the second part of the study, it is attempted a more detailed presentation of the role of the European Social Charter in the Greek legal order and, in particular, the evolution of the binding nature of the Charter through the Greek jurisprudence. As long as the European Social Charter guarantees in solemn manner fundamental social rights, the Greek judge could neither disregard its applicability nor avoid the justification in case of non-implementation of its provisions.
Finally, taking into consideration the fact that the protection of fundamental social rights has been seriously evoked in Greece after the adoption of the austerity measures in accordance with the Memoranda, the third part of the current study is dedicated to the examination of the main issues related to the unconstitutionality of these measures as it has been developed by the Greek courts. With regards to the cases concerning the governmental austerity measures taken in accordance with the imposed Memoranda, Greek courts had the opportunity to proceed in the control of constitutionality of the austerity measures in order to diagnose the obvious contradiction of the majority of these measures to the Constitution and the international rules. However, things did not evolve as expected.
The austerity measures have been also considered by international and European institutions which monitor the implementation by the state parties of the ratified international treaties for the protection of human rights and it was found out