Fundamental Social Rights Protection and Covid-19 in the EU: Constraints & Possibilities

The Covid-19 pandemic has had major socio-economic consequences, particularly for critical workers such as healthcare workers, seasonal workers and platform workers in their social rights enjoyment. This article analyses how EU law could protect social rights in times of Covid-19, with a specific fo...

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Autores principales: Barbara Safradin, Sybe de Vries, Simona de Heer
Formato: article
Lenguaje:EN
Publicado: Utrecht University School of Law 2021
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Acceso en línea:https://doaj.org/article/f998f7f052884a039397879d6c718f52
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spelling oai:doaj.org-article:f998f7f052884a039397879d6c718f522021-11-08T08:17:05ZFundamental Social Rights Protection and Covid-19 in the EU: Constraints & Possibilities1871-515X10.36633/ulr.679https://doaj.org/article/f998f7f052884a039397879d6c718f522021-10-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/679https://doaj.org/toc/1871-515XThe Covid-19 pandemic has had major socio-economic consequences, particularly for critical workers such as healthcare workers, seasonal workers and platform workers in their social rights enjoyment. This article analyses how EU law could protect social rights in times of Covid-19, with a specific focus on the possibilities and limits of the EU Charter in times of crisis for these certain categories of EU workers. The potential of EU legal instruments to protect vulnerable workers’ social rights is limited both by the limited legislative competences in the social policy field and the limited scope of application of the EU Charter. Furthermore, social rights enshrined in the Charter are often formulated as principles, which means they cannot be invoked directly in court, but need to be elaborated in legislation. Nevertheless, the EU could further strengthen the potential of social rights in the EU legal order through harmonisation of social standards in two ways. First, by harmonisation of social rights using the legal bases in the Treaty. Secondly, by implementing the European Pillar of Social Rights effectively and by improving application of the EU Charter at national level, both by clarifying and broadening horizontal direct effect as by increasing application of the EU Charter by national policymakers and the judiciary and raising awareness.Barbara SafradinSybe de VriesSimona de HeerUtrecht University School of Lawarticleeu charter of fundamental rightssocial justicesocial fundamental rightseu social policysolidaritycovid-19Law in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 17, Iss 3 (2021)
institution DOAJ
collection DOAJ
language EN
topic eu charter of fundamental rights
social justice
social fundamental rights
eu social policy
solidarity
covid-19
Law in general. Comparative and uniform law. Jurisprudence
K1-7720
spellingShingle eu charter of fundamental rights
social justice
social fundamental rights
eu social policy
solidarity
covid-19
Law in general. Comparative and uniform law. Jurisprudence
K1-7720
Barbara Safradin
Sybe de Vries
Simona de Heer
Fundamental Social Rights Protection and Covid-19 in the EU: Constraints & Possibilities
description The Covid-19 pandemic has had major socio-economic consequences, particularly for critical workers such as healthcare workers, seasonal workers and platform workers in their social rights enjoyment. This article analyses how EU law could protect social rights in times of Covid-19, with a specific focus on the possibilities and limits of the EU Charter in times of crisis for these certain categories of EU workers. The potential of EU legal instruments to protect vulnerable workers’ social rights is limited both by the limited legislative competences in the social policy field and the limited scope of application of the EU Charter. Furthermore, social rights enshrined in the Charter are often formulated as principles, which means they cannot be invoked directly in court, but need to be elaborated in legislation. Nevertheless, the EU could further strengthen the potential of social rights in the EU legal order through harmonisation of social standards in two ways. First, by harmonisation of social rights using the legal bases in the Treaty. Secondly, by implementing the European Pillar of Social Rights effectively and by improving application of the EU Charter at national level, both by clarifying and broadening horizontal direct effect as by increasing application of the EU Charter by national policymakers and the judiciary and raising awareness.
format article
author Barbara Safradin
Sybe de Vries
Simona de Heer
author_facet Barbara Safradin
Sybe de Vries
Simona de Heer
author_sort Barbara Safradin
title Fundamental Social Rights Protection and Covid-19 in the EU: Constraints & Possibilities
title_short Fundamental Social Rights Protection and Covid-19 in the EU: Constraints & Possibilities
title_full Fundamental Social Rights Protection and Covid-19 in the EU: Constraints & Possibilities
title_fullStr Fundamental Social Rights Protection and Covid-19 in the EU: Constraints & Possibilities
title_full_unstemmed Fundamental Social Rights Protection and Covid-19 in the EU: Constraints & Possibilities
title_sort fundamental social rights protection and covid-19 in the eu: constraints & possibilities
publisher Utrecht University School of Law
publishDate 2021
url https://doaj.org/article/f998f7f052884a039397879d6c718f52
work_keys_str_mv AT barbarasafradin fundamentalsocialrightsprotectionandcovid19intheeuconstraintspossibilities
AT sybedevries fundamentalsocialrightsprotectionandcovid19intheeuconstraintspossibilities
AT simonadeheer fundamentalsocialrightsprotectionandcovid19intheeuconstraintspossibilities
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