The Risks of Invoking Fundamental Social Rights

Abstract

Fundamental social rights, in international and European texts, are used to resist to the reduction of the protection of workers' rights. In the French system, their justiciability has improved. The mobilisation of those rights is sometimes successful but their efficiency is limited. They might not be interpreted in a way that favours the workers, and there is a real risk of blocking the work within the international institutions and the judicial dialogue.