Miejsce i znaczenie europejskiej karty społecznej w systemie prawa Uni Europejskiej

Abstrakt

At the current stage of the development of EU law, a uniform concept of basic social rights as a part of the European Union’s fundamental rights can be distinguished. In the act of the constitutionalisation of these rights, the European Social Charter was used to establish the substantive part of social rights. Social rights are also a necessary complement to civil rights and freedoms because they cannot be exercised without a minimum of social security. In contrast to civil rights and freedoms, fundamental social rights mean not only freedom from the state, but also the possibility of exercising freedom with the state’s help. Therefore, those fundamental rights are expressed in the form of entitlements. it seems obvious that fundamental social rights should not be identified with social policy which proclaims that some program assumptions are closely dependent on socio-economic determinants.