The EU Charter of Fundamental Rights and the Weak Social Constitution? Theoretical, constitutional, comparative and labour law perspectives

THE SWEDISH NETWORK FOR EUROPEAN LEGAL STUDIES
IN COLLABORATION WITH
THE FACULTY OF LAW AT LUND UNIVERSITY

HAS THE GREAT PLEASURE
OF INVITING YOU TO A CONFERENCE ON:

The EU Charter of Fundamental Rights and the Weak Social Constitution? Theoretical, constitutional, comparative and labour law perspectives

December 5th, 2014, Lund
Pufendorf Hall, Faculty of Law at Lund University

In 2007 when the Viking and Laval cases were delivered by the European Court of Justice, the tensions within the social market economy between economic rights and social rights were already at its peak. In their aftermath, the EU Charter of Fundamental Rights became legally binding with the entry into force of the Lisbon Treaty and many hopes were raised due to the constitutionalisation of the social rights within Title IV of the Charter. However, the first jurisprudential signs sent by the Luxembourg court are not so encouraging, to say the least. Cases like Mark-Alemo Herron (2013) and Association Médiation Sociale (2014) are marked by an inherent orthodoxy, reflected by judicial minimalism and the (justified?) prevalence of the economic rights towards social rights. At the same time, other courts and supervisory bodies within the framework of the Council of Europe and the ILO have advanced the protection of social rights and criticized the EU emphasis on economic rights. Is the EU development really a surprising outcome given the impact of the economic crisis? Does this development reflect a fear of the potential of the EU Charter of Fundamental Rights, or is it merely a confirmation of Kaarlo Tuori’s analysis of the ‘weak social constitution’ in Europe?

For registration and full program including confirmed speakers and sessions please see the right hand column. For any questions or concerns, please do not hesitate to contact coordinator Pernilla McAlevey at nef@juridicum.su.se