YEAR 2013 N.º 1
Maria Regina Redinha
Right to strike; collective action; minimum services; Laval case; Viking-Line case; proposal of regulation on the exercise of the right to take collective action
The right to strike in the European Union, despite its recognition in the Charter of Fundamental Rights and the judgments in "Laval" and "Viking-Line" cases, amongst others, it has always been equated to the freedom of establishment and the freedom to provide services showing the unresolved tension between social and economic, as underlined in the proposal for a Council Regulation on the exercise of the right to take collective action and its subsequent withdrawal.
A comparison of the limitation of the right to strike between the Court of Justice and national courts judgements shows the prevalence of the social aspect in the latter.