Adoption and rejection of austerity measures: current controversies under european law (focus on the role of the European Committee of Social Rights)

• Autores: Luis Jimena Quesada
• Localización: Revista catalana de dret públic, ISSN 1885-5709, ISSN-e 1885-8252, Nº. 49, 2014, págs. 41-59
• Idioma: español
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• Resumen

  • The article intends to demonstrate that the economic crisis cannot play as a pretext to undermine the social acquis already consolidated in Europe. Indeed, the austerity measures have not only been a source of disagreement within the European Union itself (which has even shown different speeds when preparing pacts or mechanisms for economic stability), but have also led to the emergence of discrepancies with the Council of Europe. In particular, the rejection of these measures (i.e. anti-crisis legislation in Greece) by the Council of Europe (by some decisions of the European Committee of Social Rights) illustrates that some presumed �economic stability pacts� adopted in a cyclical manner and without consensus of the EU Member States (currently 28) are not consistent with the legal, economic and social stability fostered by the true �European Pact for Social Democracy� that is the European Social Charter (accepted by 43 of the 47 Members of the Council of Europe, including all belonging to the EU). In other words, the Social Charter implies a consolidation for decades (since 1961) of a social model based on a treaty that gives legal certainty to the European continent, since it has become a potential source of synergy and harmonization between the European Union and the Council of Europe, at both judicial and political levels of the two organizations.