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FREE LAW JOURNAL - VOLUME 1, NUMBER 1 (18 JULY 2005)
nationality within the scope of application of the Constitution. Equality between women and men 81 which
must be ensured in all areas also belongs to here. The Charter especially highlights employment and work,
thus equality must also prevail in the course of exercising this freedom.
In respect of the equality between women and men, in this provision the Charter marks the area of pay
that is a part entitlement, connecting to economic rights, and having a stress on social fundamental right.
These part entitlements – except the abovementioned ones – are basically included in Title IV on
solidarity. On the one hand, the right to rest, pursuant to Article II-91 (2), being guaranteed at
constitutional level of is like that. The content elements of this fundamental right are expressly stated: the
limitation of maximum working hours, daily and weekly rest periods and an annual period of paid leave.
On the other hand, the right of access to free placement services which everyone is entitled to may be
mentioned. 82 With regard to its function the right of access to free placement services is linked to the
freedom to choose an occupation and the right to engage in work, with regard to its nature it rather defines
a need for service and with regard to its development it may perceived as a third generation fundamental
right of a strong social fundamental right nature.
However, other content elements of economic freedoms can also be found in the Title on solidarity. Such
component is, on the one hand, the workers’ right to information and consultation at the appropriate level
and in good time within the undertaking and the right to protection against unjustified dismissal. 83 Fair
and just working conditions defined by Article II-91 (1) may be perceived as connected content elements.
The right to working conditions which respect the workers’ health, safety and dignity is defined in this
sub-title, which should rather be regarded as a fundamental right connected to life and dignity in this
wording. Further provisions (prohibitions and obligations) of an ancillary nature which limit economic
freedom can also be found in this Title. Such are the prohibition of child labour, the protection of young
people at work 84 and the protection of family. 85 In respect of the protection of young people at work, the
focal point rests – like in the case of fair and just working conditions – on the fundamental rights to life
and human dignity. In the case of the provisions under the sub-title Family and professional life, the social
fundamental right nature is preponderant, for instance in the case of paid maternity and parental leave. 86
The right to protection from dismissal for a reason connected with maternity is an exception, as it may
qualify as a part-aspect of the protection against unjustified dismissal. Naming it separately is the
embodiment of the Union’s value judgement concerning the family. Pursuant to the first section of the
article, which relates to this twofold nature of the protection of the family, the family shall enjoy legal,
economic and social protection.
d) The examination of the economic fundamental rights cannot be complete without a brief survey of the
occasionally connected social rights. Practically, only two articles are devoted to ‘real’ 87 social rights 88 in
81 Article II-83
82 Article II-89
83 Articles II-87 and 90
84 Article II-92
85 Article II-93
86 Article II-93 (2)
87 Putting the term real social rights in inverted commas is justified by the fact that social rights are taken in a narrow and in a
broad sense in the special literature with the second generation of social, economic and cultural rights belonging to the broader
sense. As a counterargument it may be raised that on the one hand they are not second generation rights, on the other hand –
DR. TÍMEA DRINÓCZI - SOME ELEMENTS OF THE ECONOMIC CONSTITUTION OF THE EU: SOCIAL MARKET ECONOMY AND RELEVANT FUNDAMENTAL RIGHTS 78