European Papers (Mar 2023)
Assessing the Effectiveness of the European Social Charter: A Case Study on Dismissal Reforms
Abstract
(Series Information) European Papers - A Journal on Law and Integration, 2022 7(3), 1569-1592 | Article | (Table of Contents) I. Introduction. - II. The Charter's perspective on the right to protection in cases of termination of employment. - II.1. The scope and significance of art. 24 RevESC. - II.2. The interpretive approach of the European Committee of Social Rights. - III. The impact of the Charter on Italian and French courts' dismissal decisions. - III.1. The stance of the Italian Constitutional Court: Judgment n. 194/2018 in perspective. - III.2. The assertive stance of French labour courts. - IV. The impact of the Charter's perspective on the Greek law of dismissals. - V. Concluding remarks. | (Abstract) In the aftermath of the Eurozone crisis, several states in Europe carried out structural reforms target-ing existing laws on dismissals, thus weakening employee protection. In that context, the Revised European Social Charter, as interpreted by the European Committee of Social Rights, established it-self as a reliable legal instrument protecting employees against certain types of unfair (unjustified) dismissal in Europe. This Article follows a case study design to undertake a comparative examination of the impact of the Revised Charter's perspective vis-à-vis unfair dismissals in some European juris-dictions (Italy, France, and Greece), with a particular focus on the reasoning of their domestic courts in recent relevant decisions. In light of the findings, it provides a discussion of the Charter's renewed potential to advance economic and social rights, especially the right to protection in cases of termination of employment, across domestic jurisdictions in Europe.
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