IER How Relevant is European Law to Collective Rights

European Law The TFEU EU Legislation Decisions of the European Court of Justice (“ECJ”)

Forms of the EU Legislation Regulations Directives Recommendations The effect of EU Law

European Convention for the protection of Human Rights and Fundamental Freedoms What is the European Court of Human Rights? The effect of ECHR Law – domestic

The impact of EU Law on collective rights Initially good but … TUPE, working time, equal pay and discrimination Conflict between the economic rights and social rights

International Transport Workers Federation & another v Viking Line APB & another [2008] IRLR 143 (the “Viking” case) Was their a restriction on Viking Lines Article 43 Rights? Guidance on balancing the need to take collective action against Article 43 rights. The ITWF policy

Laval un Partneri Ltd v Svenska Byggnadsarbetareforbundet and ors Freedom of right to provide services under Article 49. Was not objectively justified.

The recent approaches of the European Court of Human Rights Article 11, 1.Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. 2.No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or the administration of the state.”

Demir and Baykara v Turkey [2009] IRLR 766 The right to enter into a collective agreement and bargain collectively is an essential element of Article II.

Cases following ‘Demir’ Enerji Yapi-Yol Sen v Turkey Danilenkov v Russia

Current ECHR Application RMT v UK Government Unite v UK Government

The Future Changing the law on Industrial Action… Will it be lawful? Addressing the diversion of opinion between the Luxembourg and Strasbourg Courts