Presentation on theme: "The Right to Strike in International Labour Law: Irreconcilable with EU Law? Professor Alan Bogg University of Oxford Faculty of Law."— Presentation transcript:
The Right to Strike in International Labour Law: Irreconcilable with EU Law? Professor Alan Bogg University of Oxford Faculty of Law
The Right to Strike in the ILO A constitutional right within the ILO legal order derived from a core Convention, ILO C 87 and Freedom of Association protected under the Declaration of Philadelphia 1944 A right recognised by the tripartite Committee on Freedom of Association (CFA) and Committee of Experts on the Application of Conventions and Recommendations (CEACR) A fundamental right with a secure status within the ILO normative structure (Note the activities of the Employer Group, and the recent observations on the ILO dispute in the European Court of Human Rights and the Supreme Court of Canada)
The Right to Strike in the ILO The right to strike is a right to intentionally inflict economic harm on an employer Note the sensitivity of ‘balancing’ its exercise against the employer’s economic liberties Compare German-style proportionality ILO standards have never included the need to assess the proportionality of interests bearing in mind a notion of freedom of establishment or freedom to provide services. (CEACR in BALPA Complaint)
A reconciliation of ILO norms and EU Law? Legal solutions: - Sensitive balancing by the Court in line with EU internal market jurisprudence? - The Council of Europe as a conduit for the influence of ILO norms through Art 11 ECHR and Art 6 ESC? - Albany immunity? Political solutions: - Dialogue between the ILO and the EU? - Political pressure to reconfigure the basic normative structure of EU Law using normative conflict with human rights standards as leverage?