Spain ratifies Additional Protocol to European Social Charter providing for a system of collective complaints to the Council of Europe

On November 2, 2022 the Official State Gazette published the Instrument of ratification of the Additional Protocol to the European Social Charter providing for a system of collective complaints, done at Strasburg on November 9, 1995. By ratifying the protocol, Spain definitively adopts the entire system in the European Social Charter. This system will be effective for Spain on December 1, 2022, although it has been applied provisionally since July 1, 2021.

The objective of the protocol is to improve the effective enforcement of the social rights guaranteed by the European Social Charter by the establishment of a collective complaints procedure, which, inter alia, would strengthen the participation of social partners and non-governmental organizations.

For these purposes, it recognizes the right to submit collective complaints alleging unsatisfactory application of the European Social Charter to national and international employers’ and trade unions’ organizations, as well as to other international non-governmental organizations which have consultative status with the Council of Europe and have been put on a list established for this purpose. A State may also recognize the right of any other representative national non-governmental organization within its jurisdiction which has particular competence in the matters governed by the Charter to lodge complaints against it.

This instrument of ratification marks the end of Spain’s provisional application of this protocol, which started on July 1, 2021.