ANTISTRIKING ORIENTATION OF LEGISLATION AND JUDICIAL PRACTICE OF EUROPEAN UNION
Journal Title: Вчені записки Таврійського національного університету імені В. І. Вернадського. Серія: Юридичні науки - Year 2017, Vol 28, Issue 2
Abstract
In the article positions are examined about a right on a strike in constituent agreements and basic documents of European Union in the areas of human rights, and also legislative initiatives and legal precedents on his adjusting and limitation. Proved, that initial set of constituent Agreements to ЕС on providing of functioning of the European market in the end and results in the limit of right on a strike by economic freedoms that provide him, in a legislation and judicial practice of Union. So, in Agreement on functioning of European Union (2007 year) a right on a strike is withdrawn from the sphere of addition and support of Union, that he gives to the members in area of representative office and collective defense of interests of workers by establishment of minimum requirements relatively intended to it rights. The charter of European Union about basic rights (2000 year) envisages adjusting of right on a strike by the legislation of Association and limits to him the aims of European Union, main from that still there is creation of economic and currency Union, being material embodiment of his economic freedoms. By the decreets of European Union (2007 year) in businesses Viking and Laval are created precedents of limitation of right on a strike by economic freedoms of businessmen on establishment (opening of business) and grant of services. Last legislative initiatives of European Advice and Commission in relation to the acceptance of Regulation “About realization of right on collective actions in the context of freedom of establishment and freedom of grant of services” (2012 year) sent to giving the indicated legal precedents of legislative form and introduction of general rules and principles of adjusting and limitation of right on a strike at the level of European Union.
Authors and Affiliations
С. М. Мигаль
Keywords
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