CELS Lunchtime Seminar: 'The European Pillar of Social Rights: A Critical Analysis of its (Potential) Significance'

Speaker: Professor Sacha Garben, College of Europe 

'The European Pillar of Social Rights : A Critical Analysis of its (Potential) Significance'

Abstract: 

On 17 November 2017, the European Commission, Parliament and Council signed an Inter-Institutional Proclamation on the European Pillar of Social Rights. The Pillar as such is not legally binding, and consists of a set of social rights and principles that are already featured in the EU Charter of Fundamental Rights, the European Social Charter and various ILO Conventions. This begs the question what the significance and added value of the Pillar is, beyond a high-level political (re-)statement. This paper argues that the Pillar’s potential impact should not be underestimated, especially if it is not regarded as a ‘charter of rights’ but instead as an action plan, akin to the Community Charter of the Fundamental Social Rights of Workers of 1989. The Pillar is accompanied by a package of proposals, comprising pre-existing initiatives, new legislation and soft law measures. In particular, two ambitious new Directives have been proposed as ‘implementation’ of the Pillar: the Predictable and Transparent Working Conditions Directive and the Directive on Work-Life Balance for Parents and Carers. The Council has already reached agreement on both initiatives, which are likely to be adopted still this year. For an area that has long suffered a “crisis of regulation” (C. Barnard, 2014), this is a remarkable turnaround. The paper will analyze these new developments in light of that previous period of “social displacement” (C. Kilpatrick, 2018), considering the Pillar’s meaning for the future EU-27, and will reflect on the meaning of both pending Directives for EU citizens in the post-crisis, ‘new’ economy. 

Enquiries to: cels@law.cam.ac.uk