La tutela giurisdizionale dei diritti sociali tra Corte di Strasburgo e Corte di Lussemburgo

Ever since the conceptual division of rights into two separate categories – civil/political and social – the legal status of social rights has been controversial. This divergence in views is illustrated by the decision of the Council of Europe in 1950 to protect civil and political rights through a judicial format where adherence to the European Convention on Human Rights was ensured by the European Court of Human Rights, whereas social rights were addressed separately through the European Social Charter, with a reporting mechanism to the European Committee of Social Rights. Nevertheless this Council of Europe decision has had repercussions for the protection of social rights within the European Union. Whereas the original Community Treaties made no provision for the protection of any human rights within their texts, this gap was addressed by the European Court of Justice through its jurisprudence protecting fundamental rights within the General Principles of Community law.