15 Trinity C.L. Rev. 101 (2012)
A Freestanding Right or a Means to an End - The Right to Strike in the ILO and EU Legal Frameworks

handle is hein.journals/trinclr15 and id is 101 raw text is: A FREESTANDING RIGHT OR A MEANS TO AN
In the constellation of international labour standards, respect for freedom
of association, including the right to form and join unions, enjoys universal
status as a fundamental labour and human right. However, the right to
strike holds a more ambiguous status and the debate over what constitutes
its legitimate exercise gives rise to much controversy. While many
countries in the world have recognised such a right generally, measures
restricting its exercise are relatively frequent and wide-ranging.
The right to strike is notably absent in the text of International
Labour      Organisation     [hereinafter    ILO]      Conventions      and
Recommendations, but this has given ILO supervisory bodies leeway in
developing more detailed principles on the right to strike, derived as a
freestanding species of the right to freedom of association. The right to
strike has been recognised as an intrinsic corollary of freedom of
association,'  and   a   fundamental    right   of  workers    and   their
organisations.2 In contrast, the right to strike is explicitly stated in the
European Union Charter of Fundamental Rights [hereinafter EUCFR].
However, the European Court of Justice [hereinafter ECJ] in Viking3 and
Laval4 held that the right of unions to take collective action (with the aim
of preventing social dumping)5 must be justified as a legitimate exception
BA, LLB, BCL, DPhil Candidate, University of Oxford.
International Labour Organisation, 311'h Report of the Committee on Freedom of
Association (ILO, 1998) Case No 1954, at [405].
2 Bernard Gernigon, Alberto Odero and Horacio Guido, ILO Principles Concerning the Right
to Strike (1998) 137(4) In't Lab Rev 441, at 442.
3 Case C-43 8/05 International Transport Workers' Federation and Finnish Seamen's Union v
Viking Line ABP and OU Viking Line Eesti [2008] All ER (EC) 127; [2008] IRLR 143;
[2008] 1 CMLR 51 [hereinafter Viking].
4 Case C-341/05 Laval un Partneri Ltd v Svenska Byggnadsarbetareforbundet [2008] All ER
(EC) 166; [2008] IRLR 160 [hereinafter Laval].
s The EU defines social dumping as a practice involving the export of goods from a country
with weak or poorly enforced labour standards, where the exporter's costs are artificially
lower than its competitors in countries with higher standards, hence representing an unfair
© 2012 Mimi Zou and Dublin University Law Society

What Is HeinOnline?

With comprehensive coverage of government documents and more than 2,400 journals from inception on hundreds of subjects such as political science, criminal justice, and human rights, HeinOnline is an affordable option for colleges and universities. Documents have the authority of print combined with the accessibility of a user-friendly and powerful database.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Already a HeinOnline Subscriber?