Following the form for the reports to be submitted in pursuance of the Charter, national reports should give for each accepted provision of the Charter any pertinent information on measures adopted to ensure its application, mentioning in particular:

  • the legal framework – any laws or regulations, collective agreements or other provisions that contribute to such application; as well as where relevant pertinent national case-law – relevant decisions by courts and other judicial bodies;
  • the measures taken (administrative arrangements, programmes, action plans, projects, etc.) to implement the legal framework;
  • any pertinent figures, statistics or any other relevant information enabling an evaluation of the extent to which these provisions are applied.
     

States parties reports should be accompanied by the principal laws and regulations on which the application of the accepted provisions of the Charter is based.
 

The reports should, wherever appropriate, specify explicitly:

  • whether they are only concerned with the situation of nationals or whether they apply equally to the nationals of the other Parties;
  • whether they are valid for the national territory in its entirety;
  • whether they apply to all categories of persons included in the scope of the provision.
     

The information required, especially statistics, should, unless otherwise stated, be supplied for the period covered by the report. Where statistics are requested for any provision, it is understood that, if complete statistics are lacking, States parties may supply data or estimates based on ad hoc studies, specialised or sample surveys, or other scientifically valid methods, whenever they consider the information so collected to be useful and ensuring that the administrative effort required to collect data is in proportion with the desired acquisition of information.

The first State report following the entry into force of the Charter in respect of the State concerned should contain detailed information on all relevant aspects of the provision, whereas for subsequent reports it will suffice to up-date the information on the legal framework given in previous reports.

However, each report should contain appropriate explanations and/or information relating to developments of the situation in practice during the reference period.  In addition, it is recalled that each report, except the first report, shall contain replies to any questions raised by the European Committee of Social Rights in its conclusions, whether questions of a general nature addressed to all States (such questions appear in the “general introduction”) or specific questions contained in the conclusions proper in respect of each State for each provision.

 

 

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Back Spain signs the Additional Protocol to the European Social Charter on collective complaints

Spain signs the Additional Protocol to the European Social Charter on collective complaints

Manuel Montobbio, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of Spain to the Council of Europe, signed today, in the presence of Gabriella Battaini-Dragoni, Deputy Secretary General of the Council of Europe, the Additional Protocol of 1995 providing for a system of collective complaints. This is an important step which requires the subsequent ratification of the Protocol or a declaration at the time of ratifying the revised Charter, a ratification process that is well under way in Spain.

“The signature of the collective complaints Protocol demonstrates Spain’s commitment to social rights and support for the European Social Charter system”, emphasised Gabriella Battaini-Dragoni. The Deputy Secretary General also applauded the timing, when the Charter celebrates its 60th anniversary (1961 – 2021) against a backdrop of discussions on improving the implementation of social rights in Europe and strengthening the Charter system.

The aim pursued with the introduction of the procedure in 1995 was to increase the effectiveness and the impact of the implementation of the Charter at national level. In addition, the collective complaints procedure has strengthened the role of social partners and non-governmental organisations by enabling them to apply under this opt-in procedure to the European Committee of Social Rights to examine compliance by States with the Charter provisions they have accepted.

Strasbourg, France O4/02/2021
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