The constraints of fundamental social rights on EU economic monitoring: collective complaints: no. 76-80/2012, IKA-ETAM, Panhellenic Federation of Public Service Pensions, ISAP, POS-DEI, ATE v. Greece

The outbreak of the financial and economic crisis (2008) had a severe impact on national economies worldwide, including those of the Member States of the European Union. Countries such as Greece, were forced to ask the Troika for additional financial aid. In return, they were obliged to reduce public spending, which resulted in a drastic reform of the national social security system. This has led to a tension between budgetary measures and the fundamental social rights of the European Social Charter (ESC). The latter is an instrument of the Council of Europe and considered to be the counterpart of the European Convention on Human Rights, containing several economic and social rights and ratified by almost all Member States of the European Union. This tension has been illustrated by five collective complaints against Greece, as the complainants urged that the new Greek social security legislation, adopted after receiving financial assistance, violated the right to social security under Article 12 of the European Social Charter. Th is case note looks at those five collective complaints and the right to social security under Article 12 ESC