Loss of rights in transition

Abstract

All post World War II European constitutions, regardless of their idealogical source, have expressed a commitment to social rights. Prominent among them are the constitutions of post-war countries which built a socialistic social system. Following the shift from 'socialistic paradigms' and the establishment of 'new democracies' the constitution makers have adopted a new stance towards social rights. What place in the new constitution do rights such as the right to housing and a free education hold? In the process of transition and transfer (translatio) from one system to another, are some rights lost, either as a targeted victim or as 'collateral damage'? In searching for answers to these and other related questions such as those concerned with the place of social rights within the EU framework, the author concludes that an overall erosion of these rights has occurred in transition countries. In broadening the EU Constitutional Treaty and in accepting European social acguis, the author sees an opportunity for restoring social rights and general measures of social politics in 'new democracies'.

Keywords

• social rights
• constitution
• EU constitutional treaty
• social acguis