Current and Future Developments in Law

Current and Future Developments in Law

Volume: 1

Human Rights Issues and Vulnerable Groups

This volume covers topics related to human rights issues and problems of people who are overwhelmed by hostile situations around them and are subsequently rendered vulnerable. The situations of ...
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Fundamental Rights, National Constitutions and the European Treaties: Social Rights vs Economic Rights

Pp. 211-226 (16)

Silvio Gambino and Julio Pinheiro Faro Homem de Siqueira

Abstract

This paper analyses the emergence of fundamental social rights in the European integration process. As the initial design of the European Union was not for a European society, such rights have emerged slowly. Analysing some European Court of Justice case law, this paper reaches some conclusions about issues of fundamental rights for shaping European rule of law. Firstly, it is necessary to observe the provisions of the European Charter of Fundamental Rights, other European treaties clauses, national constitutional provisions, and the national and European courts case law. Secondly, it is necessary to observe the common constitutional traditions of the member states. Thirdly, the European Court of Justice has constitutional competence, and must maintain a dialogue with the other Courts. Finally, there seems to be a kind of European constitutional judicial review emerging, underlining the necessity of new rules and a more adequate judicial protection of fundamental rights in the European Union.

Keywords:

Case law, Constitutionalism, Economic rights, European Charter of Fundamental Rights, European Court of Justice, European Integration Process, European treaties, European Union, Fundamental rights, Social rights.

Affiliation:

Faculty of Law, University of Calabria, Cosenza, Italy.