The Protection of the Fundamental Right to Strike within the Context of the European Internal Market: Implications of the Forthcoming Accession of the EU to the ECHR
DOI:
https://doi.org/10.18352/ulr.216Keywords:
fundamental rights protection, the right to strike, internal market, economic freedoms, international labour law standards, incoherence of legal systemsAbstract
The possible accession of the EU to the ECHR raises questions about the compatibility of the systems of fundamental rights protection that are inherent in each of these European legal orders. This holds especially true for the protection of fundamental trade unions' rights furthering the social interests of workers, because these may clash with fundamental economic freedoms, the latter being singular rights that are common to the Union's legal order only. This submission examines recent benchmark cases decided by the ECJ and the ECtHR in respect of, especially, the fundamental right to collective action. On the basis thereof, a legal comparison is drawn that discusses the apparent incoherencies in the approach of the respective European courts. In a final analysis the issues underlying this conflict are explored, as well as some possible legal and political solutions to the problems that are presumed to arise. Nevertheless, the conclusion is drawn that the chances of 'a high noon conflict' between both European courts, once the accession of the EU to the Convention will be a fact, are hardly remote.Downloads
Published
2013-01-31
Issue
Section
Special Section: 'EU and ECHR: Conflict or Harmony?'
License
Copyright (c) 2013 The Author(s)

This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish with this journal agree to the following terms:- Authors retain copyright and grant Utrecht Law Review right of first publication with the work simultaneously licensed under a Creative Commons Attribution 4.0 License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in the Utrecht Law Review.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in Utrecht Law Review.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
Once accepted for publication, the final version of the paper must be provided. A completed and signed copyright form, which will be sent by the Managing Editor, must accompany each paper. By signing the form the author states to accept the copyright notice of Utrecht Law Review. The copyright notice for authors is also included in the copyright acceptance form.