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International and European Protection of the Right to StrikeA Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union$
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Tonia Novitz

Print publication date: 2003

Print ISBN-13: 9780198298540

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198298540.001.0001

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Judicial Circumspection in the EU

Judicial Circumspection in the EU

Chapter:
(p.244) (p.245) 10 Judicial Circumspection in the EU
Source:
International and European Protection of the Right to Strike
Author(s):

Tonia Novitz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198298540.003.0010

Neither freedom of association nor the right to strike receives explicit protection under EC legislation, apart from non-binding declaratory instruments. This means that, generally, there is no potential role for the European Court of Justice (ECJ) in enforcing protection of the right to strike. This chapter explores the two alternative paths through which jurisprudence may shape the extent to which a right to strike is protected. The first is through ‘staff cases’, that is, complaints brought before the Court by EU officials who claim that there has been a breach of the ‘Staff Regulations’ which form the basis of their contract of employment. The second is via the ‘fundamental rights’ jurisprudence, which has the potential to be used as a defence against the aggressive application of market integration principles to national laws.

Keywords:   freedom of association, right to strike, European Court of Justice, ECJ, staff cases, Staff Regulations, fundamental rights jurisprudence

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