The new binding decision of the European Committee of Social Rights (CCOO v. Spain): its unavoidable assumption by the Supreme Court

Abstract

This paper aims to contribute to the understanding of the new binding decision of the European Committee of Social Rights (adopted on 3 December 2024 in the case CCOO v. Spain, collective complaint no. 218/2022). Indeed, the author analyses the reaffirmation of the Committee's case law on protection in the event of unfair dismissal already established in relation to other countries (Finland, France and Italy) and with regard to Spain (in the previous decision UGT v. Spain of 20 March 2024, collective complaint no. 207/2022), as well as some elements that provide added value (reinstatement as an appropriate remedy for unfair dismissal, or effective compensation in the event of temporary contracts concluded in fraud of law). These new elements, highlighted in the concurring opinion, are accompanied by a consolidation of the control of conventionality. Finally, the author concludes by putting forward numerous reasons according to which the Committee's decisions on the merits must be implemented by means of the relevant legislative reform in Spain, as well as through unavoidable compliance by the Supreme Court (by respecting the constitutional mandate, by overcoming obsolete arguments and by having honest positive judicial willingness).