Individuals, Courts, and the Development of European Social Rights

Abstract

This article examines how litigation before the European Court of Justice (ECJ) and European Court of Human Rights (ECHR) has contributed to the development of social rights. It argues that variations in the nature of supranational rights, powers of supranational courts, and ease of access influence the opportunities individuals have to engage these courts to enforce and expand entitlement to social protection. It demonstrates that individuals have pursued social-rights claims at a much higher rate before the ECJ than the ECHR but have also begun to respond to creative ECHR interpretation that extends social rights in directions not available under European Union law. In weaving together a complementary but not a comprehensive set of social protections, the two supranational courts are constructing a safety net that extends well beyond the original intentions of member countries and empowers some of the most vulnerable members of society.