Back with the control of conventionality: advances and settlements of the application of the international standard in the Spanish labor legal order

Abstract

The debate on the validity of conventionality control to ensure the highest stan­dards of rights from the international norm is fully topical in our legal system. Since Covid-19, a greater familiarity has been detected in the use of standards such as ILO Convention 158 and the European Social Charter for the resolu­tion of internal disputes, both in the exercise of conventionality control and in its rejection. The purpose of this article is to update the legal and legal elements that support the conventionality control, but at the same time to reflect on the precautions, loopholes and possible extensive uses that would exceed theircontent and essence. Undoubtedly, the debate in these terms can enable a more adequate and harmonious use between international law and domestic law.