Details of Treaty No.158

Additional Protocol to the European Social Charter Providing for a System of Collective Complaints
Title Additional Protocol to the European Social Charter Providing for a System of Collective Complaints
Reference CETS No.158
Opening of the treaty Strasbourg, 09/11/1995  - Treaty open for signature by the member States signatories to Treaty ETS 35
Entry into Force 01/07/1998  - 5 Ratifications.
Summary

The Additional Protocol providing a system of collective complaints of 1995 is one of measures designated to improve the effective enforcement of the social rights guaranteed by the Charter.

The Protocol entitles social partners and non-governmental organisations to lodge collective complaints of violations of the Charter in States which have ratified it. The complaint is examined by the European Committee of Social Rights which declares it admissible if the formal requirements have been met. The Committee then takes a decision on the merits of the complaint, which it forwards to the parties concerned and to the Committee of Ministers in a report, which is made public within four months of its being forwarded.

On the basis of the report of the European Committee of Social Rights, the Committee of Ministers adopts a resolution. If appropriate, it may recommend that the State concerned take specific measures to bring the situation into line with the Charter.


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