Resumen de Assessing the Effectiveness of the European Social Charter: A Case Study on Dismissal Reforms
In the aftermath of the Eurozone crisis, several states in Europe carried out structural reforms targeting 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 itself 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 jurisdictions (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.
