eu charter of fundamental rights

Carawaystick

What does this right give me

"Everyone has the right of access to a free placement service"


It seems especially vague even for the eu

Pro Hoc Vice

FAS or its equivalent service in other countries. In other words as a worker you have the right to a free service to help them find work.

It is under Title IV Solidarity.

But the charter is restricted in its scope by Articles 51-54. Most importantly 51,

"1. The provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law. They shall therefore respect the rights, observe the principles and promote the application thereof in accordance with their respective powers and respecting the limits of the powers of the Union as conferred on it in the Treaties.

2. The Charter does not extend the field of application of Union law beyond the powers of the Union or establish any new power or task for the Union, or modify powers and tasks as defined in the Treaties."

Carawaystick

Is there some clarification documentation on this charter?
"Placement service" seems wide open to many interpretations and I'm sure you are correct. However I'm sure the eu have rules against children working and I'm sure Fás don't entertain them so is this right ignored in these circumstances

Pro Hoc Vice

Carawaystick wrote: »

Is there some clarification documentation on this charter?
"Placement service" seems wide open to many interpretations and I'm sure you are correct. However I'm sure the eu have rules against children working and I'm sure Fás don't entertain them so is this right ignored in these circumstances

Article 9
Right to marry and right to found a family
The right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights.

Two 10 year olds can't marry or found a family. I really don't know what you are asking. The issue of placement services is contained within the articles relating to work. So it is work placement services. As most countries have laws against child labour then the right is only in relation to people legally able to work.

"The Human Rights Guidance should therefore have to be compatible with the EU Charter of Fundamental Rights. In the given context of the work of employment and recruitment agencies there are specific rights, such as the access to a free placement service or the freedom to conduct a business, which are quite particular when compared to international human rights law."

http://www.ihrb.org/pdf/eu-sector-guidance/EU-Agency-for-Fundamental-Rights.pdf

Carawaystick

infosys wrote: »

Article 9
Right to marry and right to found a family
The right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights.

Two 10 year olds can't marry or found a family. I really don't know what you are asking. The issue of placement services is contained within the articles relating to work. So it is work placement services. As most countries have laws against child labour then the right is only in relation to people legally able to work.

"The Human Rights Guidance should therefore have to be compatible with the EU Charter of Fundamental Rights. In the given context of the work of employment and recruitment agencies there are specific rights, such as the access to a free placement service or the freedom to conduct a business, which are quite particular when compared to international human rights law."

http://www.ihrb.org/pdf/eu-sector-guidance/EU-Agency-for-Fundamental-Rights.pdf

My point is that the Article is very vague.
Your point about marriage is not relevant as marriage is dependant on national laws, gay couples can't marry here, but "everyone" has the right to a placement service

The article is in title 4: Solidarity.
I don't see how solidarity is purely a work issue.

the quote from the ihrb is like foxes guarding the henhouse, it appears to assume the eu interpretation of the rights the eu gives is correct.

I'm not disagreeing with you, I just don't see how the charter is consistent. It smacks of being written by & for insiders

Pro Hoc Vice

Carawaystick wrote: »

My point is that the Article is very vague.
Your point about marriage is not relevant as marriage is dependant on national laws, gay couples can't marry here, but "everyone" has the right to a placement service

The article is in title 4: Solidarity.
I don't see how solidarity is purely a work issue.

the quote from the ihrb is like foxes guarding the henhouse, it appears to assume the eu interpretation of the rights the eu gives is correct.

I'm not disagreeing with you, I just don't see how the charter is consistent. It smacks of being written by & for insiders

It is a European document, written in reality not for the general public like the ECHR. The heading solidarity is I assure you about employment. The Charter is a very different beast to the convention. The convention we can all plead in pretty much any issue but the charter is only applicable in certain defined circumstances.


You will see here http://ue.eu.int/uedocs/cms_data/docs/2004/4/29/Explanation%20relating%20to%20the%20complete%20text%20of%20the%20charter.pdf at page 47

"This Article is based on Article 1(3) of the European Social Charter and point 13 of the Community Charter of the Fundamental Social Rights of Workers."

http://conventions.coe.int/Treaty/en/Treaties/Html/035.htm

The European Social Charter says at Article 1(3) "to establish or maintain free employment services for all workers"

From Community Charter of the Fundamental Social Rights of Workers

"Employment and remuneration
4. Every individual shall be free to choose and engage in an occupation according to the regulations governing each occupation.
5. All employment shall be fairly remunerated.
To this effect, in accordance with arrangements applying in each country:
• workers shall be assured of an equitable wage, ie a wage sufficient to enable them to have a decent standard of living;
• workers subject to terms of employment other than an open-ended full-time contract shall receive an equitable reference wage
• wages may be withheld, seized or transferred only in accordance with the provisions of national law; such provisions should entail measures enabling the worker concerned to continue to enjoy the necessary means of subsistence for himself and his family.
6. Every individual must be able to have access to public placement services free of charge."

I also assume the use of the term "placement service" is taken from the French, where I am assuming it would have a very specific meaning.

Carawaystick

It's fairly concerning that one third of our govt(tm) would produce something so lax and not worry about translation too much

But hey, what would they know about solidarity, telling us to pay more taxes and paying no income taxes themselves....