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Decisions adopted by the European Committee of Social rights at its 304th session

The European Committee of Social Rights adopted during its 304th session (21-24 January 2019):

The complaint was registered on 17 April 2018. The complainant organisations alleged that the proceedings by which Finland has negotiated the Comprehensive Economic and Trade Agreement (“CETA”) have endangered the respect for rights enacted by the European Social Charter and the state’s ability to duly fulfil them thus violating or exposing to violations the rights set out in Articles 1, 2, 3§1, 4§§2, 3 and 5, 5, 6, 7§§1 and 3, 11, 12, 13, 20, 21, 22, 23, 24, 26, 27, 28, 29, 30 and 31 as well as Article E of the Revised European Social Charter; The complainant organisations also requested that the Committee grant immediate measures in accordance with Rule 36 of the Rules of the Committee requiring Finland to a) suspend the process of CETA approval and b) to assess CETA’s human rights impacts.

The Committee declared the complaint inadmissible on 22 January 2019 and decided that it was not necessary to rule on the request for immediate measures.

The complaint registered on 11 May 2018 relates to Article 12§3 (right to social security) of the Revised European Social Charter. The Sindacato autonomo Pensionati Or.S.A. alleged that, as a consequence of the provisions introduced by Legislative Decree No. 65/2015 and Law No. 147/2013, the pension indexation mechanism has been circumscribed, or even halted, and that this has resulted in a substantial drop in statutory retirement pensions and their purchasing power in violation of the principle of progressivity of Article 12§3 of the Charter.

The Committee declared the complaint admissible on 22 January 2019.

  • The decision on the merits in the case Confederazione Generale Italiana del Lavoro (CGIL) v. Italy, Complaint No. 140/2016.

The complaint was registered on 17 November 2016. It concerns Articles 5 (the right to organise) and 6 (the right to bargain collectively) of the Revised European Social Charter. CGIL alleged that in Italy, the Guardia di Finanza Regulations deprive its members of their rights to organise and to bargain collectively in violation of the aforementioned provisions.

Pursuant to Article 8§2 of the Protocol providing for a system of collective complaints, this decision will not be made public until after the Committee of Ministers has adopted a resolution, or no later than four months after it has been transmitted to the Committee of Ministers.
Strasbourg 31/01/2018
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