The Constraints of Fundamental Social Rights on EU Economic Monitoring: Collective Complaint No. 76-80/2012, Ika-Etam, Panhellenic Federation of Public Service Pensioners, Isap, Pos-Dei, Ate V. Greece
| Author | Eleni De Becker |
| DOI | 10.1177/138826271501700106 |
| Published date | 01 March 2015 |
| Date | 01 March 2015 |
| Subject Matter | Recent News and Case Law |
European Jour nal of Social Sec urity, Volume 17 (2015), No. 1 123
THE CONSTRAINTS OF FUNDAMENTAL
SOCIAL RIGHTS ON EU ECONOMIC
MONITORING: COLLECTIVE COMPLAINT
No. 76–80/2012, IKA-ETAM, PANHELLENIC
FEDERATION OF PUBLIC SERVICE
PENSIONERS, ISAP, POS-DEI, ATE V. GREECE
E D B*
1. INTRODUCTION
e outbreak of the nancial a nd economic crisis (2008) had a severe impact on national
economies worldwide, including t hose of the Member States of the Europe an Union.
Countries such as Greece , were forced to ask the Troika for additional nancial aid. In
return, they were obliged to reduce public spend ing, which resulted in a dras tic reform
of the national social security system. is has led to a tension between budgeta ry
measures and the f undamental social r ights of the European Socia l Charter (ESC). e
latter is an instrument of the Council of Europe and considered to be the counterpart
of the European Convention on Human Rig hts, containing severa l economic and
social rights a nd rati ed by almost a ll Member States of the European Union.
is tension has been illustrated by ve collective complaints against Greece, as
the complainants urged t hat the new Greek social secur ity legislation, adopted a er
receiving nancial assistance, violated t he right to social security under A rticle12 of
the European Social Charter. is case note looks at those ve collecti ve complaints
and the right to socia l security under Article12 ESC .
2. THE FACTS
In 2010, several euro area members, includ ing Greece, requested na ncial
assistance in order to repay their debts .1 In May 2010, the European Commission,
* PhD candidate , Institute of Social L aw, KU Leuven. Address: Blijde -Inkomststraat 17 (00.02) 300 0
Leuven, Belgiu m; phone: +32 16 32 54 23; e-mail: Eleni.debe cker@law.kuleuven.be.
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