Litigating Socio-Economic Rights in Times of Resource Constraints

Giulia Ciliberto

doi:10.5771/9783748943020

Summary

During the last decades, the idea that economic and social rights are judicially enforceable has gained traction thanks to the creation of dedicated treaty regimes and related international supervisory mechanisms, alongside the growing body of national case-law adjudicating these rights. However, vindicating socio-economic rights in judicial settings remains a tricky matter on a practical level, as shown by the case-law on austerity legislation adopted in the context of the Eurozone sovereign debt crisis. Against this backdrop, this book considers the 2008-2018 turmoil as a polyhedral case-study to assess whether the national, international, and European Union systems provided adequate remedies for the violation of socio-economic rights and whether these systems could have adopted a different adjudicative approach with the view of enhancing the effectiveness of socio-economic rights enshrined in international human rights law. This book also strives to offer insights on the significance of these outcomes vis-à-vis prospective violations of socio-economic rights in times of resource constraints, including as a consequence of the enactment of austerity-like policies in the near future.

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Bibliographic data

Copyright year: 2023
ISBN-Print: 978-3-7560-0717-2
ISBN-Online: 978-3-7489-4302-0
Publisher: Nomos, Baden-Baden
Language: English
Pages: 356
Product type: Book Titles

Titelei/Inhaltsverzeichnis No access Pages I - XII
Acknowledgements No access Pages 1 - 2
Introduction No access Pages 3 - 24
1. 1. 1. Introduction No access
  2. 1. 2.1. Public Interventions towards Privately Owned Institutions No access
    2. 2.2. The Architecture of the European Economic and Monetary Union No access
  3. 1. 3.1. Reinforcing the Existing Crisis Prevention System No access
    2. 1. 3.2.1. Assistance Mechanisms to Cope with the 2008 Eurozone Sovereign Debt Crisis No access
      2. 3.2.2. Rescue Packages and the Limits to Financial Assistance towards EU Member States No access
  4. 1. 4.1. Lending Conditions of Financial Assistance towards Eurozone States No access
    2. 4.2. The Tension between Lending Conditions and Socio-Economic Rights No access
  5. 5. Multiple Actors and Dispute Settlement Venues: the Quest for Accountability and Redress No access
2. 1. 1. Introduction No access
  2. 2. Substantive Issues: Socio-Economic Rights as Individual Rights with a Collective Dimension No access
  3. 1. 3.1. Classifications of Human Rights Obligations No access
    2. 1. 3.2.1. General Obligations under Art. 2 of the International Covenant on Economic, Social, and Cultural Rights No access
      2. 3.2.2 General Obligations under Other Human Rights Instruments No access
  4. 1. 4.1 Limitation and Derogation Clauses No access
    2. 4.2. Review of States’ Power to Limit and Suspend Human Rights No access
  5. 1. 1. 5.1.1. At the International Level No access
      2. 5.1.2. At the European Union Level No access
    2. 5.2. Competing Proceedings dealing with Socio-Economic Rights No access
  6. 1. 1. 6.1.1. General Obligations related to Socio-Economic Rights in Times of Resource Constraints No access
      2. 6.1.2 Limitations of and Derogations to Socio-Economic Rights in Times of Resource Constraints No access
    2. 6.2. Procedural Issues: Possible Competing Proceedings Related to the Eurozone Sovereign Debt Crisis No access
3. 1. 1. Introduction No access
  2. 2. Attribution of conduct and breach of obligations related to socio-economic rights in the context of the Eurozone sovereign debt crisis No access
  3. 1. 3.1. Economic crises and force majeure No access
    2. 3.2. Economic crises and state of necessity No access
  4. 1. 4.1. The Competence to Request Remedial Measures No access
    2. 4.2. Adequate Remedies for the Violation of Socio-Economic Rights in Contexts of Sovereign Debt Crises No access
1. 1. 1. Introduction No access
  2. 1. 2.1. Justiciability and Polycentricity in (International) Socio-Economic Rights Adjudication No access
    2. 2.2. The Effect of International Treaties in Domestic Legal Systems: Direct Effect, Standard of Judicial Review and Consistent Interpretation No access
    3. 2.3. The Effect of the Pronouncements of International Courts and Quasi-Judicial Bodies: In particular, the “Taking into Account” Doctrine No access
    4. 2.4. International Human Rights Treaties under the Constitutions of Cyprus, Greece, Ireland, Portugal and Spain No access
  3. 1. 3.1. Cyprus and Ireland: Few (and Unsuccessful) Cases on the Right to Property No access
    2. 1. 3.2.1 From Deference to Strict Scrutiny: The Case-Law of the Greek Council of State No access
      2. 3.2.2 The Assertive Stance of Greek Lower Courts No access
    3. 3.3. The ‘Judicial Activism’ of the Portuguese Constitutional Court No access
    4. 3.4. The Self-Restraint by Spanish Constitutional Court No access
    5. 3.5. An Analysis of the Prospective Role of International Treaties on Socio-Economic Rights No access
2. 1. 1. Introduction No access
  2. 1. 2.1. The Views of the Committee on Economic, Social and Cultural Rights on the Right to Adequate Housing in Spain No access
    2. 2.2. The Reports of the ILO Committee on Freedom of Association on Trade Unions’ Complaints against Greece, Portugal, and Spain No access
    3. 2.3. The European Committee of Social Rights and the Labour Market Reforms Enacted in Greece No access
    4. 1. 2.4.1. Workers, Pensioners and Investors before the European Court of Human Rights: The Cases against Greece and Portugal No access
      2. 2.4.2. What If…? The Court’s Emerging Trend towards Socio-Economic Rights vis-à-vis Austerity Policies No access
  3. 1. 1. 3.1.1 The Inadmissibility of Actions for Annulment: The Bail-In of Cypriot Banks and the Reforms of the Greek Pension System and Labour Market No access
      2. 3.1.2. Requests for Preliminary Rulings from Portuguese and Spanish Courts No access
      3. 3.1.3. Actions for Compensation for Non-Contractual Liability of the European Union No access
    2. 1. 3.2.1. Actions for Compensation: The Cypriot Bail-In and the Greek Pension Scheme No access
      2. 3.2.2. Preliminary Rulings upon Request by Portuguese and Spanish Courts No access
    3. 3.3. International Human Rights Law and the EU Legal System: The Legacy of the “Laval Quartet” No access
Concluding Remarks Taking Stock and Looking Forward: From a “Once-in-a-Generation” Global Financial Crisis to yet Another Polycrisis No access Pages 313 - 324
1. Nella stessa collana No access