La Carta Social Europea y la inspección de trabajoun estudio comparado de los ordenamientos español, portugués y francés por la vía del procedimiento de control de informes

Abstract

The legal regime of the Spanish labor and social security inspectorate has been studied from many different points of view, also including the comparative point of view. However, it lacked to address its study from the perspective of the European Social Charter and the «case-Law» created by its control body, that is, the European Committee of Social Rights. In this dissertation, it is addressed for the first time the legal regime of labor inspectorate in the light of the «conclusions» elaborated by the European Committee of Social Rights in interpretating articles 3, 7, and 8 of the European Social Charter, which are the three norms under which such control body analyzes the generic norm of the own European Social Charter, relating to that «each Contracting Party shall maintain a system of labor inspection appropriate to national conditions». The bordering of the knowledge sources managed in my dissertation to such «conclusions» is explained by reasons of comparative law. In fact, in my dissertation I compare the Spanish, Portuguese and French inspection models. And in view that Spain has only ratified the original version of the European Social Charter of 1961 whereas Portugal and France have ratified the revised version of such Charter of 1996, it was only methodological proper to use a single control procedure which was at the same time applicable to such three member States, which is the traditional control procedure for examination of reports, which lead to the above cited «conclusions» of the European Committee of Social Rights. It is concluded in my dissertation that the European Committee of Social Rights has contributed to modalise the three national national labor inspectorate systems analyzed in it.