European Social Charter

Collective Complaints 2013

Date of publication  on web Complaint
13 December 2013

The Commitee adopts two decisions on immediate measures

[13/12/2013] The European Committee of Social Rights adopted two decisions on immediate measures in respect of the following complaints: 
- Association for the Protection of all Children (APPROACH) Ltd v. Ireland , Complaint No. 93/2013 Decision on immediate measures
- Association for the Protection of all Children (APPROACH) Ltd v. Belgium , Complaint No 98/2013  Decision on immediate measures
20 November 2013

The decision on admissibility and the merits adopted by the European Committee of Social Rights in the case Swedish Trade Union Confederation (LO) and Swedish Confederation of Professional Employees (TCO) v. Sweden is public

[20/11/2013] The decision of the European Committee of Social Rights on admissibility and the merits in the case Swedish Trade Union Confederation (LO) and Swedish Confederation of Professional Employees (TCO) v. Sweden, Complaint No. 85/2012, became public on 20 November 2013 and is now available on line. It concerns the impacts of the amendments to Swedish legislation on the right to organise and collective bargaining, in particular, following the judgment of the European Union Court of Justice in the Laval case (C-341/05). (more informationDecision on admissibility and the merits No. 85/2012  Summary of the decision on admissibility and the merits
6 November 2013

The European Committee of Social Rights adopts two decisions on admissibility in respect of two complaints against Ireland and France

- European Roma Rights Centre (ERRC) v. Ireland, Complaint No. 100/2013. The complaint concerns housing conditions and evictions of Travellers in Ireland. Decision on admissibility (more information)
- European Council of Police Trade Unions (CESP) v. France, Complaint No. 101/2013. The complaint relates to the right to organise and the right to bargain collectively. Decision on admissibility (more information)
21 October 2013

Two complaints against Italy and Norway have been registered
- Associazione Nazionale Giudici di Pace v. Italy, Complaint No. 102
- Bedriftsforbundet v. Norway, Complaint No. 103

Complaint No. 102 was registered on 2 August 2013. The complainant organisation, Associazione Nazionale Giudici di Pace (National Association of Justices of the Peace), alleges that Italian law provides no social security and welfare protection for this category of honorary Judges, in violation of the European Social Charter. (more information Complaint No. 102 (English) (Italian)

Complaint No. 103 was registered 9 September 2013. The complainant organisation, the Bedriftsforbundet, alleges that the practice at Norwegian ports, requiring that employees have membership of the dock workers union in order to be allowed to take up work, constitutes a breach of the European Social Charter. (more information Complaint No. 103
20 October 2013

The European Committee of Social Rights adopted two decisions on immediate measures in respect of the two following complaints :

- European Federation of National Organisations Working with the Homeless (FEANTSA) v. the Netherlands, Complaint No. 86/2012   Decision on immediate measures
- Conference of European Churches (CEC) v. the Netherlands, Complaint No 90/2013 Decision on immediate measures
16 October 2013

Three resolutions are adopted by the Committee of Ministers

- Following the decision on the merits adopted on 23/01/2013 by the European Committee on Social Rights in the case International Federation for Human Rights (FIDH) v. Greece, Complaint No. 72/2011, the Committee of Ministers has adopted Resolution CM/ResChS(2013)15 on 16/10/2013.
- Following the decision on the merits adopted on 18/03/2013 by the European Committee on Social Rights in the case International Federation for Human Rights (FIDH) v. Belgium, Complaint No. 75/2011, the Committee of Ministers has adopted Resolution CM/ResChS (2013)16 on 16/10/2013.
- Following the decision on the merits adopted on 02/07/2013 by the European Committee on Social Rights in the case Fellesforbundet for Sjøfolk (FFFS) against Norway, Complaint No. 74/2011, the Committee of Ministers has adopted Resolution CM/ResChS (2013)17 on 16/10/2013. Following the adoption of this resolution, the decision on the merits became public. (more information)

24 September 2013 The decision was adopted on 10 September 2013 and concerns the complaint Federation of Catholic Family Associations in Europe (FAFCE) v. Sweden, Complaint No. 99/2013. This complaint deals with the practice of conscientious objection by healthcare providers in Sweden. (more information) Decision on the admissibility No. 99/2013 
3 September 2013 The European Council of Police Trade Unions (CESP) lodges a complaint against France: European Council of Police Trade Unions (CESP) v. France, Complaint No. 101/2013. The complaint was registered on 10 June 2013 and relates to the right to organise and the right to bargain collectively. (more information) Complaint No. 101/2013
29 July 2013

The decision on the merits adopted by the European Committee of Social Rights in the case International Federation for Human Rights (FIDH) v. Belgium is public

[29/07/2013] The decision on the merits of the European Committee on Social Rights in the case International Federation for Human Rights (FIDH) v. Belgium, Complaint No. 75/2011 became public on 29 July 2013 and is now available on line. It concerns the shortage of care and accommodation solutions for highly dependent adults with disabilities. (more information) Decision on the merits No. 75/2011 Summary of the decision on the merits
18 July 2013

The European Committee of Social Rights adopts a decision on admissibility against Ireland

[18/07/2013] This decision concerns the complaints Federation of Catholic Family Associations in Europe (FAFCE) v. Ireland, Complaint No. 89/2013. This complaint deals with child victims of human trafficking. (more informationDecision on the admissibility No. 89/2013
17 July 2013

The European Committee of Social Rights adopts seven decisions on admissibility on complaints submitted by Association pour la protection des enfants (APPROACH)

[17/07/2013] These decisions, which deal with the corporate punishment of children, concern the following complaints:
- Association pour la protection des enfants (APPROACH) Ltd v. France, Complaint No. 92/2013 Decision on admissibility (more information)
- Association for the Protection of All Children (APPROACH) Ltd v. Ireland, Complaint No. 93/2013 Decision on admissibility (more information)
- Association for the Protection of All Children (APPROACH) Ltd v. Italy,  Complaint No. 94/2013 Decision on admissibility(more information)
- Association for the Protection of All Children (APPROACH) Ltd v. Slovenia,  Complaint No. 95/2013 Decision on admissibility (more information)
- Association for the Protection of All Children (APPROACH) Ltd v. Czech Republic,  Complaint No. 96/2013 Decision on admissibility (more information)
- Association for the Protection of All Children (APPROACH) Ltd v. Cyprus,  Complaint No. 97/2013 Decision on admissibility (more information)
- Association for the Protection of All Children (APPROACH) Ltd v. Belgium,  Complaint No. 98/2013 Decision on admissibility (more information
16 July 2013

The European Committee of Social Rights adopts two decisions on admissibility against The Netherlands

[16/07/2013] These decisions concern the complaints European Federation of National Organisations working with the Homeless (FEANTSA) v. The Netherlands, Complaint No. 86/2012, and  Conference of European Churches (CEC) v. The Netherlands, Complaint No. 90/2013. Complaint No. 86/2012 deals with the homeless and access to shelter (more information). Complaint No. 90/2013 concerns the fundamental social rights of undocumented adults (more information). Decision on admissibility No. 86/2012 Decision on admissibility No. 90/2013
12 July 2013 

The decision on admissibility and the merits in the case Comité européen d'action spécialisée pour l'Enfant et la Famille dans leur milieu de vie (EUROCEF) v. France, Complaint No. 82/2012, is now public

[12/07/2013] Following the adoption of Resolution CM Res ChS (2013) 14 by the Committee of Ministers on 10 July 2013, in the case Comité européen d'action spécialisée pour l'Enfant et la Famille dans leur milieu de vie (EUROCEF) v. France, Complaint No. 82/2012, the decision on admissibility and the merits is now public and can be consulted on line. In this case the complainant organisation alleged that the possibility of suspending family allowances in the event of truancy is a violation of certain Charter rights.  Summary of the complaint (more information)
11 June 2013 Four resolutions were adopted on 11 June 2013 at the 1173rd meeting of the Ministers' Deputies:

- European Council of Police Trade Unions (CESP) against France, Complaint No. 68/2011 
The Committee of Ministers adopted Resolution CM/ResChS(2013)10
- Defence for Children International (DCI) against Belgium Complaint No. 69/2011
The Committee of Ministers adopted Resolution CM/ResChS(2013)11
- The Central Association of Carers in Finland against Finland Complaint No. 70/2011
The Committee of Ministers adopted Resolution CM/ResChS(2013)12
- The Central Association of Carers in Finland against Finland, Complaint No. 71/2011
The Committee of Ministers adopted Resolution Resolution CM/ResChS(2013)13
19 June 2013 [19/06/2013] Three associations have been invited by the European Committee of Social Rights to submit observations on the complaints IPPF EN and CGIL on the subject of the consequences of the organisation of conscientious objection of medical practitioners in relation to the termination of pregnancy. As a result of requests made during the month of June, the European Committee of Social Rights has asked the following Italian NGOs:
- Movimento per la Vita italiano,
- Associazione Luca Coscioni per la libertà di ricerca scientifica,
- Giuristi per la Vita (known as Associazione Italiana Ginecologi Ostetrici Cattolici, Associazione Medici Cattolici Italiani, Centro Studi per la tutela della salute della madre e del concepito dell’Università Cattolica des Sacro Cuore di Roma, Confederazione dei Consultori familiari di Ispirazione Cristiana, Forum delle Associazioni familiari),
to submit observations on IPPF EN v. Italy, Complaint No. 87/2012 (priority procedure) and CGIL v. Italy, Complaint No. 91/2013, which are currently being examined by the Committee.  This invitation was addressed to the above-mentioned NGOs in application of Article 32A of the Committee's Rules.
5 June 2013

International Federation for Human Rights (FIDH) v. Greece, Complaint No. 72/2011
Pollution of the Asopos River in Greece: the right to protection of health is not ensured.

 The decision on the merits adopted by the European Committee on Social Rights in the case International Federation for Human Rights (FIDH) v. Greece (No. 72/2011) became public and is now available on line. The case concerns the effects of massive environmental pollution on the health of persons living near the Asopos River and near the industrial area of Oinofyta, located 50 km north of Athens. Decision on the merits No.72/2011 Summary of the decision on the merits (more information)
22 May 2013

The decision on admissibilty of the complaint Finnish Society of Social Rights v. Finland,  No. 88/2012 has been adopted

[22/05/2013] The European Committee of Social Rights has adopted the decision on admissibility of the complaint Finnish Society of Social Rights v. Finland, No. 88/2012.  In this complaint, the complainant organisation alleges that Finland has not maintained the social security at a satisfactory level. (more information Decision on admissibility 
16 May 2013

The European Committee of Social Rights to examine Collective Complaint number 100

European Roma Rights Centre (ERRC) v. Ireland, Complaint No. 100/2013

The complaint, registered on 16 April 2013, concerns housing conditions and evictions of Travellers in Ireland, and alleges violations of articles of the European Social Charter which guarantee social, legal and economic protection.  Complaint No. 100/2013  Collective complaints website (read more)

30 April 2013 The Committee of Ministers adopted Resolution CM/ResChS(2013)8  on 30 April 2013 with regard to Complaint No. 62/2010, International Federation of Human Rights (FIDH) v. Belgium.
 

A recently registered collective complaint submitted by Federation of Catholic Family Associations in Europe (FAFCE) against Sweden is on line

- Federation of Catholic Family Associations in Europe (FAFCE) v. Sweden, Complaint No. 99/2013)
22 April 2013

Two decisions on the merits of the European Committee of Social Rights in the complaints Central Association of Carers in Finland v. Finland,  Nos. 70/2011 and 71/2011, are public

 Decision on the merits No.70/2011 Summary of the decision on the merits (more information)

 Decision on the merits No.71/2011 Summary of the decision on the merits  (more information)
22 April 2013

Five decisions on the merits of the European Committee of Social Rights concerning pension schemes in Greece are public

 - Federation of Employed Pensioners of Greece (IKA–ETAM) v. Greece, Complaint No. 76/2012
- Panhellenic Federation of Public Service Pensioners (POPS) v. Greece, Complaint No. 77/2012
- Pensioners’ Union of the Athens-Piraeus Electric Railways (I.S.A.P.) v. Greece, Complaint No. 78/2012,
- Panhellenic Federation of Pensioners of the Public Electricity Corporation (POS-DEI) v. Greece, Complaint No. 79/2012
- Pensioner’s Union of the Agricultural Bank of Greece (ATE) v. Greece, Complaint No. 80/2012,
 (more information).
10 April 2013 Following the decision on the merits adopted on 30 June 2011 by the European Committee on Social Rights in the case European Roma Rights Centre (ERRC) against Portugal, Complaint No.61/2010, the Committee of Ministers has adopted Resolution CM/ResChS(2013)7 on 10 April 2013
21 March 2013

The decision on the merits of the European Committee on Social Rights in the case Defence for Children International (DCI) v. Belgium, Complaint No. 69/2011, became public on 21 March 2013 and is now available on line. It concerns foreign children living accompanied or not, either as illegal residents or asylum seekers in Belgium, who are currently, according to the complainant organisation, excluded from social assistance. (more information)
Decision on the merits of Complaint No.69/2011

13 March 2013 The decision of the European Committee on Social Rights of the Council of Europe on the merits of Complaint No. 68/2011CESP v. France became public on 6 March 2013. In this case, registered on 18 May 2011, the complainant trade union alleges that the situation in France is not in conformity with Article 4 (right to a fair remuneration) of the Revised European Social Charter.The decision of the European Committee on Social Rights of the Council of Europe on the merits of Complaint No. 68/2011CESP v. France became public on 6 March 2013. (more information)
Decision on the merits Summary of the decision on the merits 
13 February 2013 - Association for the Protection of All Children (APPROACH) Ltd v. France (Complaint No. 92/2013)
- Association for the Protection of All Children (APPROACH) Ltd v. Ireland (Complaint No. 93/2013)
- Association for the Protection of All Children (APPROACH) Ltd v. Italy (Complaint No. 94/2013)
- Association for the Protection of All Children (APPROACH) Ltd v. Slovenia (Complaint No. 95/2013)
-  Association for the Protection of All Children (APPROACH) Ltd v. Czech Republic (Complaint No. 96/2013)
- Association for the Protection of All Children (APPROACH) Ltd v. Cyprus (Complaint No. 97/2013)
- Association for the Protection of All Children (APPROACH) Ltd v. Belgium (Complaint No. 98/2013)
13 February 2013 - Finnish Society of Social Rights v. Finland (Complaint No. 88/2012)
- Federation of Catholic Family Associations in Europe (FAFCE) v. Ireland (Complaint No. 89/2013)
- Conference of European Churches (CEC) v. the Netherlands (Complaint No. 90/2013)
- Confederazione Generale Italiana del Lavoro (CGIL) v. Italy (Complaint No. 91/2013)
5 February 2013 - Following the decision on the merits adopted on 24 January 2012 by the European Committee on Social Rights in the case European Roma and Travellers Forum (ERTF) against France, Complaint No. 64/2011, the Committee of Ministers has adopted Resolution Res/CM/ChS(2013)1 on 5 February 2013.
- Following the decision on the merits adopted on 23 May 2012 by the European Committee on Social Rights in the case General Federation of employees of the National Electric Power Corporation (GENOP-DEI) and Confederation of Greek Civil Servants’ Trade Unions (ADEDY) against Greece, Complaint No. 65/2011, the Committee of Ministers has adopted Resolution Res/CM/ChS(2013)2 on 5 February 2013.
- Following the decision on the merits adopted on 23 May 2012 by the European Committee on Social Rights in the case General Federation of employees of the National Electric Power Corporation (GENOP-DEI) and Confederation of Greek Civil Servants’ Trade Unions (ADEDY) against Greece, Complaint No. 66/2011, the Committee of Ministers has adopted Resolution Res/CM/ChS(2013)3 on 5 February 2013.
21 January 2013 The decision on the merits of the European Committee on Social Rights in the case “Médecins du Monde - International v. France”, Complaint No. 67/2011, became public on 21 January 2013.