I preamboli nel sistema convenzionale della Carta sociale europea
Preambles in the European Social Charter treaty system – This essay aims to explore the preambles to the international instruments which are part of the treaty system of the European Social Charter in the light of the preparatory works. The activity of the body that monitors the enforcement and compliance with these in-struments by the States Parties, namely the European Committee of Social Rights (ECSR), is then examined. This body made use of the preambles not as merely exhor-tative parts of their respective Treaties, which have only a moral and political effect, but rather as texts useful both to clarify the meaning and scope of the rights en-shrined in their relevant parts and to achieve the ambitious objectives that come out of their comprehensive scope of protection. In conclusion, the European Social Char-ter, also thanks to the legal effectiveness granted by the ECSR to parts of the afore-said preambles, can be referred to as the most effective European legal instrument for protecting social rights of citizens of the States that have ratified and actually imple-mented it.
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.