The guarantee of "sufficient minimum income" for unemployed people in light of the European Social Charter: another pending task in a "multi-level system"

Abstract

Royal Decree-Law 2/2024, of May 21, once Royal Decree-Law 7/2023, of December 19, failed because it was not validated by the Spanish Parliament, sought, and has partly achieved, an improvement in social protection at the assistance level in the unemployment branch. However, its preparation, publication and effective implementation process was very torturous. A strict internal logic and political-economic discretion were always present in it, even within the framework of a fertile social dialogue. The international dimension, especially in relation to the European Social Charter, which this issue presents, remained completely outside the walls. But this level of tutelary and regulatory requirement cannot be ignored, by virtue of the prevalence that international norms have over internal ones, according to article 96 of Spanish Constitution and Law 25/2014, of November 27, on international treaties. This study identifies the main reasons for the disagreement between the regulations approved after the reform and the Social Charter, considering the demanding legal doctrine of the European Committee of Social Rights, whose value is currently in the eye of the storm, for multiple reasons.