The Right to Collective Action under the European Social Charter

Abstract

This article gives an overview of the European Social Charter's protection of the right to collective action, including the case law of the European Social Charter (ESC) supervisory body, the European Committee of Social Rights (ECSR). Considering the position of the European Social Charter in relation both to the ECHR and to EU law, the topic certainly merits attention. From the first Conclusions of the ECSR in 1969, there has been a long line of development, and a comprehensive body of case law has been generated, focusing in particular on the right to strike. There has also been both evolution and variation in how the ESC standards have been construed over time, which may be seen as a reflection of the different legal cultures, along with the complexity of the issues involved.