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Right of collective bargaining and action: Charter of Fundamental Rights

  • 23-05-2008 10:10am
    #1
    OTK
    Closed Accounts Posts: 556 ✭✭✭


    The Lisbon Treaty gives a higher legal status to the Charter of Fundamental Rights. There is some explanation of its effect here: http://www.lisbontreaty2008.ie/lisbon_treaty_changes_eu.html#g

    If the Lisbon treaty is ratified and the charter's status is elevated to the same level as the other European treaties, what effect will Article 28 have on Irish law, if any? Here is the text of article 28.
    Article 28
    Right of collective bargaining and action

    Workers and employers, or their respective organisations, have, in accordance with Community law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.
    Is this article merely an aspiration rather than an enforceable right? Is the meaning of this article that national law supersedes this aspiration and a national government could for instance outlaw strikes and collective bargaining for certain professions? I believe for example that soldiers and police are currently legally barred from striking in Ireland.


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