THE MARGIN OF APPRECIATION ACCORDED TO STATES IN TIMES OF ECONOMIC CRISIS:: AN ANALYSIS OF THE DECISION BY THE EUROPEAN COMMITTEE OF SOCIAL RIGHTS AND BY THE EUROPEAN COURT OF HUMAN RIGHTS ON NATIONAL AUSTERITY MEASURES

Egile nagusia:	Mola, Lorenza
Formatua:	Artikulua
Hizkuntza:	Ingelesa
Argitaratua:	Universidad Pablo de Olavide, de Sevilla: Centro Euro-Árabe de Estudios Jurídicos Avanzados 2015
Gaiak:	Social rights economic crisis margin of appreciation European Committee of Social Rights European Court of Human Rights
Sarrera elektronikoa:	http://dialnet.unirioja.es/servlet/oaiart?codigo=4913771
Etiketak:	Erantsi etiketa bat Etiketarik gabe, Izan zaitez lehena erregistro honi etiketa jartzen!

Laburpena:	With a view to upholding fundamental (social) rights in Europe in times of economic crisis, attention is to be paid to the assessment of regressive implementation of social rights during the recent period, under the applicable international instruments for the protection of human rights. The present contribution focuses on the divergent decisions by the European Committee of Social Rights and the European Court of Human Rights on 'austerity measures', bearing in mind the 'complementarity' between the two underlying treaties ? the European Social Charter and the European Convention on Human Rights. While the different grounds of violation available in the two treaties may explain divergent outcomes, arguably the most relevant factor concerns the interpretative method(s) followed by each body, especially the varying degree of deference accorded to the national authorities in the sphere of economic and social policy.

Laburpena:

With a view to upholding fundamental (social) rights in Europe in times of economic crisis, attention is to be paid to the assessment of regressive implementation of social rights during the recent period, under the applicable international instruments for the protection of human rights. The present contribution focuses on the divergent decisions by the European Committee of Social Rights and the European Court of Human Rights on 'austerity measures', bearing in mind the 'complementarity' between the two underlying treaties ? the European Social Charter and the European Convention on Human Rights. While the different grounds of violation available in the two treaties may explain divergent outcomes, arguably the most relevant factor concerns the interpretative method(s) followed by each body, especially the varying degree of deference accorded to the national authorities in the sphere of economic and social policy.