Challenges of Implementation of the Revised European Social Charter Standards in Poland – Selected Issues

Smusz-Kulesza Monika ()
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Smusz-Kulesza Monika: PhD in law, assistenat profesor in the Chair of European, International and Collective Labour Law at the University of Lodz, Poland, International Consultant of the Council of Europe in social rights, Judge in The Reginal Court of Lodz, lecturer of the National School of Judiciary and Public Prosecution in Poland.

European Studies - The Review of European Law, Economics and Politics, 2024, vol. 11, issue 2, 199-214

Abstract: After having joined the Council of Europe on 26 November 1991, Poland ratified the European Convention on Human Rights in 1993 and the 1961 European Social Charter on 25 June 1997. Concerning the Charter, Poland accepted 58 of the 1961 Charter‘s 72 paragraphs. It has signed, but not yet ratified the Revised European Social Charter. Taking the perspective of the Additional Protocol Providing for a System of Collective Complaints, Poland has neither signed, nor ratified the document. Following the reform of the European Social Charter system introduced in September 2022, the European Committee of Social Rights adopted a decision to implement the procedure on non-accepted provisions in respect of all State Parties to either Charter, in a reinforced manner. The procedure now provides for submission of written information by States Parties in accordance with a pre-established calendar, and additional bilateral meetings when it is deemed to represent an added value. In case of Poland, as a party to 1961 Charter only, the mechanism was introduced in 2024 for the first time and shall serve as an opportunity to identify consistencies and non-consistencies with the Revised European Social Charter standards both in the legislative framework and its implementation. The aim of this article is to discuss the challenges of enhancement of protection of social rights in Poland in the light of the Revised European Social Charter standards.

Keywords: European Social Charter; Poland; social rights; ratification; collective complaints; non-accepted provisions; right to strike; moral harassment (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:eurstu:v:11:y:2024:i:2:p:199-214:n:1009

DOI: 10.2478/eustu-2024-0022

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