Bringing the EU up to speed in the protection of living standards through fundamental social rights: Drawing positive lessons from the experience of the Council of Europe

Abstract

Ever since the adoption of the European Pillar of Social Rights, the EU seems committed to explore and expand its social dimension to deliver a decent standard of living to the European society. This new endeavour gives rise to a number of questions, not least regarding how the notion of a standard of living that is compatible with a life in dignity ought to be interpreted and what the obligations of Member States are in this quest. The aim of this contribution is precisely to shed some light on these questions. To this end, the article looks into how different (quasi)judicial bodies have interpreted fundamental rights that entitle individuals to minimum subsistence resources that are deemed to achieve a standard of living that is compatible with the right to human dignity. In particular, it analyses how the ECJ, the ECtHR and the ECSR have interpreted (minimum) living standards through different fundamental rights. It then suggests a number of ‘learning points’ for the ECJ to draw from the experience of the other two bodies and emphasizes the need for building solid bridges between the three.

Taking stock of individual power resources in European Union law: The blurry lines between adaptable and malleable social rights

“…Whereas the compatibility of the EU with international instruments has been rather controversial (Garben, 2018; Rocca, 2016), the EU has also pledged respect to a number of international instruments, such as the European Convention on Human Rights – whose rights constitute general principles of EU law – the European Social Charter in Article 151 TFEU or various ILO instruments, which are often used as interpretative guides by the institutions in their legal protections and their enforcement (Aranguiz, 2021).…”

Social assistance and the end of poverty

“… 4. See for instance Aranguiz (2020: 469), who argues, that ‘securing adequate income remains one of the most efficient ways to tackle poverty’. See also Aranguiz (2021) and Verschueren (2020).…”