This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement no 320294

EU

Constitutional Protection of Economic Rights in EU Member States

September 14, 2015

Authors: Margarita Argüelles Vélez, Carmen Benavides González and Silvia Gómez Ansón, Universidad de Oviedo, Spain

ABSTRACT

The Charter of Fundamental Rights of the European Union defines the economic the rights of European Citizens. In principle, given that the EU Charter constitutes a common base for the protection of economic rights in the member States, one would expect that constitutional recognition of economic rights in member States would not differ much. This paper describes the recognized economic rights in all EU member States and analyzes possible factors (such as legal origin, geographical location and history, or the type of Welfare State) that may help explain observed similarities and differences in the protection of citizen’s economic rights by EU member States. For that purpose, after categorizing economic rights, we have built a comprehensive database of economic rights and their level of protection in the Constitutions of all EU member States using as data source the database developed by the Toronto Initiative for Economic and Social Rights3, and the constitutional legal texts of member States. This data base reveals interesting differences in recognition of economic rights by EU member States.

 

Download the full paper: MA&CB&SGA