The Holship ruling of the ECtHR and the protection of fundamental rights in Europe

The status of trade union rights in the EU has been contentious since the CJEU sent shockwaves through the trade unions of Europe in December 2007 with its rulings in the cases of Viking and Laval . In its recent Holship ruling, the ECtHR has challenged these rulings. Contrary to the assertion of the CJEU in Laval that it is inherent in the very exercise of trade union rights and the right to take collective action that they will be prejudiced to a certain degree, the ECtHR stated that “the degree to which a collective action risks having economic consequences cannot (...) in and of itself be a decisive consideration in the analysis of proportionality under Article 11”. This has potentially wide-reaching implications for the relationship between the human rights recognized in international human rights conventions and EU fundamental rights

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