The dual dimension of the European Social Charter and its effects on the rules on protection against unlawful dismissals

Abstract

This contribution deals with the influence of the European Social Charter on the sanctioning legal regime of unlawful dismissals. In particular, the dialogue between the system of the Social Charter and constitutional jurisprudence appears to be of particular interest, the outcome of which appears to increase the space of discretion of the judicial activity.

Keywords

• european social charter
• unlawful dismissal
• constitutional court
• judicial activity
• discretion