Charter of Fundamental Rights of the EU

I believe that one of the most important things of EU problems is the protection of labour rights regulated by several legal documents of the EU. One of these is the Charter of Fundamental Rights of the EU which is for strengthening the protection of fundamental rights with due regard for the powers and tasks of the Union. The fourth title covers social and workers' rights including the right to fair working conditions, protection against unjustified dismissal and access to health care. Examinating the Charter provisions it is evident that labour rights provided for by the Charter are regulated in compliance with the rules laid down by Community law and national law. Hereinafter, I am going to speak about the each provision of this chapter, its connection with Community law and national law, also some cases of the European Court of Justice on labour rights.The article 27 of the Charter concerns the worker's right to information and consultation within the undertaking, It is based on Article 21 of European Social Charter and on Articles 136. 137. 138 of EEC Treaty and also there are several Directives adopted by EU, such as Directive 80/987/EEC, 91/533/EEC etc. The right to information and consultation are fundamental workers' rights recognised at the national and EC levels involving particularly the right to be informed and consulted on the company's economic and financial position, on decisions having an effect on employment within the company.

The right of collective bargaining and action is defined in Article 28 of the Charter stemming from trade union law. This right involves the recognition of negotiation in order to resolve trade disputes or to conclude collective agreements. In this respect, it is also important the right to take collective action when there is a conflict of interests, including strike action specificallyestablishedinthisarticle.

By the Article 28 is given an implementation of negotiation and collective action both at the national or Community level under the conditions provided for by Community law and by national laws and practices.

The guarantee to access to free placement services is defined in the European Social Charter as a condition to the effective exercise of the right to work. It comes out of public services implemented by the State, also ensured by private operators subsidized by the administration.

By its Article 30 the Charter defines the protection of workers in the event of unjustified dismissal. The right to protection in the event of unjustified dismissal is a fundamental workers' right recognised by the European Social Charter of 1996 including the right to protection in the event of dismissal. It means that the worker should not be dismissed without a valid reason. This right is based also on Directive 77/187/EEC, 91/533/EEC etc.

"Every worker has the right of fair and just working conditions":this provision is defined in Article 31 of the Charter. Equality between all workers and the right to equal pay, are an element of fair and just working conditions. The protection of workers' health and safety covers safety and hygiene measures, the prevention of work-related accidents and information and preventive measures where workers areexposedto certain chemicals or dangerous substances..

The prohibition of child labour and the rules of a minimum age for admission to work is a traditional fundamental right connected with the right to education and training. Article 32 of the Charter also sets up the protection of young people at work, involving the definition of fundamental rules on working conditions for young people.Being inspired by the drafting of article 32 of the Charter, the Council adopted the directive 94/33/EC on the protection of young people at work establishing the principle of the prohibition of child labour and fixing the measures to protect young people in employment against all types of work damaging their safety, health or physical, psychological, moral or social development. It defines also a description of employers' obligations, the types of work not be carried out by young people, measures concerning working hours, rest periods and rest breaks.This Article is also based on Article 7 of the European Social Charter and points 20 to 23 of the Community Charter of the Fundamental Social Rights of Workers.

The family is considered to be "the natural and fundamental group unit of society" in the Universal Declaration of Human Rights. Its protection as a social and fundamental right is secured by the public authorities on the economic, social and legal level, via social benefits, fiscal, planning and other policies provided for by the article 16 of the European Charter.

The reconciliation of family and professional life provokes the necessity of the right to paid maternity leave, the right to parental leave, protection from dismissal during maternity leave or for a reason connected with maternity, which are also included in article 8 of the European Social Charter. The revised European Social Charter also establishes (in article 27) equality of opportunity and treatment for all workers with family responsibilities, whether men or women.

The right to social security and social assistance is a fundamental right recognised for everyone involving to receive from society the means to satisfy the rights of an individual that are essential to his or her dignity and the free development of personality. This necessitates the implementation of social services to protect individuals in the following situations: maternity, illness, industrial accidents, dependence or old age, and loss of employment. This right is applied in compliance with the rules laid down by Community law and national laws and practices. The appellation of foreigners legally residing within the European Union to social security and social services is a transference of the provisions of conventions based on the principle of reciprocity and on the provisionsofCommunitylaw. Poverty and the social exclusion are recognised as a breach of human dignity, and an obstacle to the exercise of the fundamental rights of the person. In paragraph 3 of Article 34 of the Charter, the combat of social exclusion and poverty are set out as objectives for the public authorities. The right to a minimum income and the right to housing are deduced from the right to social and housing aid which must be respected and implemented in the context of the combat against social exclusion, in accordance with the rules laid down by Community law and national laws and practices.

Discussing the workers' fundamental rights it should absolutely ventilated the right to health care, which is a fundamental social principle implemented via public health policy: prevention, education, combating epidemics and endemic disease, the organisation of treatment. Article 35 of the Charter, in the same way as for environmental protection and consumer protection, (article 38) sets out a commitment to ensure a high level of human health protection in the implementation of all Union policies and activities. In this regard, everyone is considered to have the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices. The provisions provided for by this Article are based on Article 152 of the EC Treaty stipulating for the Community to complement the Member States' action in reducing drugs related health damage, including information and prevention, and on Article 11 of the European Social Charter.

The inclusion of the principle of access to services of general economic interest in the Charter is a provision of protection of fundamental rights. Being an individual fundamental right, it provides a framework for the Community's activities in the field of social and territorial cohesion guaranteeing the respect of national laws and practices on access to services of general economic interest. This Article is implemented on respect of Article 16 EC obligating both the Community and its Member States to take care, in the context of their respective powers, that such services operate on the basis of principles and conditions authorizing them to fulfil their missions.

The Environmental protection is defined in Article 37 of the Charter based on Article 2, 6, 174 of the EC Treaty stipulating for the Community environmental protection requirements subject to be integrated into the definition and implementation of the Community policies and activities.

The Article 38 of the Charter defining the consumer protection is based on Article 153 of EC Treaty stipulating for the Community consumer protection requirements to contribute to protecting the health, safety and economic interests of consumers for having a high level of consumer protection.

There are several cases of ECJ on labour rights some of which I would like to mention: Case 43-75 on the right of equal pay of men and women, Case C-346/06 on Directive96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services etc.

Conclusively, the Charter of Fundamental Rights is one of the basic documents of the EU guaranteeing the high level protection of fundamental rights which will ensure the sustainable development of the EU.