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Core Socio-Economic Rights and the European Court of Human Rights deals with socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR). The book connects the ECtHR's socio-economic case law to an understanding of the Court's responsibility to recognize the limitations of supranational rights adjudication while protecting the most needy. By exploring the idea of core rights protection in constitutional and international law, a new perspective is developed that offers suggestions for improving the ECtHR's reasoning in socio-economic cases as well as contributing to the debate on indivisible rights adjudication in an age of 'rights inflation' and proportionality review. Core Socio-Economic Rights and the European Court of Human Rights will interest scholars and practitioners dealing with fundamental rights and especially those interested in judicial reasoning, socio-economic and supranational rights protection

This article discusses recent developments concerning the right to minimum subsistence as a matter of property protection under the European Convention on Human Rights. It starts with two recent cases: Bélané Nagy v. Hungary and Baczúr v. Hungary. In its judgments in these cases, the European Court of Human Rights emphasised that, in determining whether an interference with a benefit is proportional, an important consideration is whether the individual still receives a subsistence minimum. It moreover held that a right to a (minimum) benefit can exist even if the conditions for receiving this benefit have not been met. Read together, Bélané Nagy and Baczúr flag an increasingly social interpretation of the property right enshrined in Article 1 of the First Protocol to the ECHR involving positive obligations and a focus on the neediest. On a closer look, however, the Court's interpretation is not a very straightforward one. Judgments rendered after Bélané Nagy and Baczúr show that, although there is a clear trend to protect claimants' means of subsistence, the relationship between property and a right to such means remains opaque, and the potential of a property right to guarantee the latter, limited. In this article, I present the recent case law against the background of the increasing significance of Article 1 P1 in the field of social security as well as the obstacles to protecting a subsistence minimum. I will delineate the questions that promise to haunt the Court in the cases to come and explore some of the answers it could formulate in this regard. It is argued that a positive right to a subsistence minimum is, for various reasons, unlikely to be developed as a matter of property protection under the Convention.

The ECtHR and socio-economic rights protection -- Making sense of the ECtHR's socio-economic protection -- The stages of fundamental rights adjudication -- Core rights as limits to limitations -- Minimum cores and the scope of fundamental rights -- Core socio-economic content -- A core rights perspective for the ECtHR -- Core socio-economic rights in the case law of the ECtHR

The ECtHR and socio-economic rights protection -- Making sense of the ECtHR's socio-economic protection -- The stages of fundamental rights adjudication -- Core rights as limits to limitations -- Minimum cores and the scope of fundamental rights -- Core socio-economic content -- A core rights perspective for the ECtHR -- Core socio-economic rights in the case law of the ECtHR

Core Socio-Economic Rights and the European Court of Human Rights deals with socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR). The book connects the ECtHR's socio-economic case law to an understanding of the Court's responsibility to recognize the limitations of supranational rights adjudication while protecting the most needy. By exploring the idea of core rights protection in constitutional and international law, a new perspective is developed that offers suggestions for improving the ECtHR's reasoning in socio-economic cases as well as contributing to the debate on indivisible rights adjudication in an age of 'rights inflation' and proportionality review. Core Socio-Economic Rights and the European Court of Human Rights will interest scholars and practitioners dealing with fundamental rights and especially those interested in judicial reasoning, socio-economic and supranational rights protection

"This book addresses a topic that is currently high on the agenda in many fora: how to specify and secure a social minimum? The term 'social minimum' has different meanings, depending on the context. These contexts are examined in this book from different perspectives, including law, sociology, philosophy, politics and economics. In the first part, the social minimum is discussed from a conceptual and theoretical point of view. The second part shows the various ways in which the social minimum can be specified and measured. There is a need for new indicators that take into account, for instance, aspects of adequate social participation. As this part shows, the choice of indicators is closely intertwined with political choices. The third part approaches the social minimum from the perspective of legal obligations, addressing the nature of different obligations imposed on individuals and states. The fourth part deals with the question of social minimum in the context of courts, adjudication and justiciability. The role of international treaties and national constitutions - the interpretation of the rights they enshrine and the way these are dealt with by expert committees and courts - is discussed with a view to understanding how the guarantee of a social minimum can be promoted within individual countries. Besides being of interest for academics in fields ranging from legal theory and human rights to the social sciences, the book also serves as an important source for students as well as practitioners interested in the social minimum, and anyone who wants to gain an insight into the current debates on this extremely important issue"--

Chapter 1. Introduction: Exploring the Concept of a Constitutional Identity for the European Union -- Chapter 2. Three Meanings of Constitutional Identity and their Prospects in the European Union -- Chapter 3. A Plaidoyer Against the Sisyphean Endeavour to Imagine the Constitutional Identity of the EU -- Chapter 4. Constitutional Identity of the EU as a Counterbalance for Unconstitutional Constitutional Identities of the Member States -- Chapter 5. Parameters of EU and Member State Constitutional Identity: A Topic in Development -- Chapter 6. St. Augustine and the ECJ on Citizenship -- Chapter 7. The Principle of Solidarity Forging the Constitutional Identity of the European Union -- Chapter 8. United in Diversity – Homogeneity and Differentiation as Parts of the Union's Constitutional Identity -- Chapter 9. European Constitutional Identity as a Normative Concept: Pointing to the Core of European Democracies -- Chapter 10. From Monologues to Dialogue: the US "Certification" Procedure as a Source of Inspiration for EU Cooperative Judicial Federalism.