1. See Marshall, supra note 1, at 8; Lister, supra note 1, at 471; Dwyer, supra note 1, at 4.
2. Scharpf Fritz , The European Social Model: Coping with the Challenges of Diversity, 40 Journal of Common Market Studies 645, 665-6 (2002).
3. Albany International BV v Stichting Bedrijfspensioenfonds Textielindustrie, 1999 E.C.R. I-5751, at para. 146 of the opinion. While this would seem to suggest that the Advocate General believed that some rights in the Social Charter could obtain the status of fundamental rights, he was talking in the context of the right to join a trade union and the right to strike. It has already been argued that both of these are in the nature of civil rights, rather than social rights.
4. See Explanations Relating to the Charter of Fundamental Rights, supra note 110, at 35. The document states that even both of these provisions contain some elements of rights.
5. Dougan Michael , The Constitutional Dimension to the Caselaw on Union Citizenship, 31 European Law Review 613, 665 (2006). Dougan also suggests that the ECJ may eventually allocate Charter articles between the categories of “rights” and “principles” on a case-by-case basis.