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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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Setting Social Standards for and Beyond the European Union

Setting Social Standards for and Beyond the European Union

Chapter:
(p.148) (p.149) 7 Setting Social Standards for and Beyond the European Union
Source:
International and European Protection of the Right to Strike
Author(s):

Tonia Novitz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198298540.003.0007

This chapter focuses on the European Union's adoption of social policy, from which the right to strike is excluded. The setting of social standards in the European Union has been limited by the terms of the Treaty of Rome 1957 which forms the basis of the current Treaty of the European Community (ECT). It was by means of a series of Treaty amendments that competence on social matters was acquired incrementally. However, protection of freedom of association or a right to strike appears to be excluded. Nevertheless, there seem to be consensus within the Union that the right to strike is a ‘core labour standard’ and a ‘fundamental right’. This is evident from the declaratory instruments adopted by the Member States and EU constitutions.

Keywords:   European Union, social policy, Treaty of Rome, Treaty of the European Community, ECT, labour standard

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