The right to strike in the EU after accession to the ECHR
The aim of this thesis is to determine the impact of the EU’s accession to the ECHR on the legal protection of the right to strike in EU law. Under the ECHR, the right to strike is protected as an essential element of the freedom of association, Art. 11 ECHR, and may only be limited in strictly defi...
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| Format: | Thesis |
| Language: | English |
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2014
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| _version_ | 1797065072628989952 |
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| author | Velyvyte, V |
| author2 | Davies, A |
| author_facet | Davies, A Velyvyte, V |
| author_sort | Velyvyte, V |
| collection | OXFORD |
| description | The aim of this thesis is to determine the impact of the EU’s accession to the ECHR on the legal protection of the right to strike in EU law. Under the ECHR, the right to strike is protected as an essential element of the freedom of association, Art. 11 ECHR, and may only be limited in strictly defined circumstances that must be provided for by law, have a legitimate aim and be necessary in a democratic society. It is argued that the case law of the CJEU is incompatible with the requirements of the ECHR because the CJEU subordinates the right to strike to the EU’s fundamental freedoms by treating it as a restriction on the free movement of businesses and requiring that limitations on such free movement created by the right to strike be assessed for proportionality on a case-by-case basis. It is submitted that to bring its case law in conformity with the ECHR, the CJEU needs to adopt a more equitable balance in the relationship between the right to strike and the economic freedoms, in the way it does when dealing with civil and political rights in the context of the internal market. It is further suggested that a change in the position of the CJEU may be triggered by the EU’s accession to the ECHR, which will place the EU under the external judicial review of the ECtHR. However, if the ECtHR is confronted with a Viking/Laval type of case involving the right to strike, it may refrain from reviewing the position of the CJEU due to the margin of appreciation to which the EU would be entitled because of its specific constitutional character. |
| first_indexed | 2024-03-06T21:23:24Z |
| format | Thesis |
| id | oxford-uuid:42422ffb-89ac-4e0d-bdf6-e600479672d2 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-03-06T21:23:24Z |
| publishDate | 2014 |
| record_format | dspace |
| spelling | oxford-uuid:42422ffb-89ac-4e0d-bdf6-e600479672d22022-03-26T14:48:22ZThe right to strike in the EU after accession to the ECHRThesishttp://purl.org/coar/resource_type/c_bdccuuid:42422ffb-89ac-4e0d-bdf6-e600479672d2Human rightsEU LawEuropean LawEnglish2014Velyvyte, VDavies, AThe aim of this thesis is to determine the impact of the EU’s accession to the ECHR on the legal protection of the right to strike in EU law. Under the ECHR, the right to strike is protected as an essential element of the freedom of association, Art. 11 ECHR, and may only be limited in strictly defined circumstances that must be provided for by law, have a legitimate aim and be necessary in a democratic society. It is argued that the case law of the CJEU is incompatible with the requirements of the ECHR because the CJEU subordinates the right to strike to the EU’s fundamental freedoms by treating it as a restriction on the free movement of businesses and requiring that limitations on such free movement created by the right to strike be assessed for proportionality on a case-by-case basis. It is submitted that to bring its case law in conformity with the ECHR, the CJEU needs to adopt a more equitable balance in the relationship between the right to strike and the economic freedoms, in the way it does when dealing with civil and political rights in the context of the internal market. It is further suggested that a change in the position of the CJEU may be triggered by the EU’s accession to the ECHR, which will place the EU under the external judicial review of the ECtHR. However, if the ECtHR is confronted with a Viking/Laval type of case involving the right to strike, it may refrain from reviewing the position of the CJEU due to the margin of appreciation to which the EU would be entitled because of its specific constitutional character. |
| spellingShingle | Human rights EU Law European Law Velyvyte, V The right to strike in the EU after accession to the ECHR |
| title | The right to strike in the EU after accession to the ECHR |
| title_full | The right to strike in the EU after accession to the ECHR |
| title_fullStr | The right to strike in the EU after accession to the ECHR |
| title_full_unstemmed | The right to strike in the EU after accession to the ECHR |
| title_short | The right to strike in the EU after accession to the ECHR |
| title_sort | right to strike in the eu after accession to the echr |
| topic | Human rights EU Law European Law |
| work_keys_str_mv | AT velyvytev therighttostrikeintheeuafteraccessiontotheechr AT velyvytev righttostrikeintheeuafteraccessiontotheechr |