Spain's sinuous and unfinished process of adhesion to the European Social Charter: resistances, imperfections and future challenges

Abstract

Spain's relationship with the European Social Charter has been characterized by indiference and a lack of commitment. When Spain joined the Treaty in 1978, hopes were high. However, during these four decades, the European Social Charter has been occasionally penetrating our legal system, in a totally unconnected way and with little coherence. There are many reasons for this situation, but, above all, the poor relevance of the European Social Charter in Spain must necessarily be linked to the low level of interest that this Treaty has aroused in the political class.

This situation has been reverted, at least partially, in recent years, by the decisions of certain judges and courts who, in a context of economic crisis and progressive curtailment of social rights, are becoming aware of the European Social Charter and proceed to apply it as a more favourable standard of protection. They also declare national legislation to be  inapplicable to some of the cases that have been arraigned because it contravenes Spain's international commitment. This judicial work has triggered a sudden interest on the part of political actors in the European Social Charter, which has finally culminated, albeit in an imperfect and fragmented way, in the Agreement of the Council of Ministers dated on 1 February 2019.