The margin of appreciation accorded to States in times of economic crisis. An analysis of the decisions by the European Committee of Social Rights and by the European Court of Human Rights on national austerity measures

With a view to upholding fundamental (social) rights in Europe in times of economic crisis, attention is to be paid to the assessment of regressive implementation of social rights during the recent period, under the applicable international instruments for the protection of human rights. The present contribution focuses on the divergent decisions by the European Committee of Social Rights and the European Court of Human Rights on 'austerity measures', bearing in mind the 'complementarity' between the two underlying treaties ‒ the European Social Charter and the European Convention on Human Rights. While the different grounds of violation available in the two treaties may explain divergent outcomes, arguably the most relevant factor concerns the interpretative method(s) followed by each body, especially the varying degree of deference accorded to the national authorities in the sphere of economic and social policy.