By browsing this website, you acknowledge the use of a simple identification cookie. It is not used for anything other than keeping track of your session from page to page. OK
0

Remedies for unlawful collective action in France, Belgium, Italy and Spain

Bookmarks
Article

Laulom, Sylvaine ; Lo Faro, Antonio

The International Journal of Comparative Labour Law and Industrial Relations

2014

30

3

September

273-291

EU law ; labour relations ; labour law ; strike ; trade union ; Laval and Viking cases

Belgium ; France ; Italy ; Spain

Labour relations

http://www.kluwerlawonline.com

English

"This article provides a comparative analysis of France, Belgium, Italy, and Spain demonstrating that in each of these countries the notion of unlawful strikes is fairly restricted. Whether considered from the point of view of the definition, the action taken, or its objectives, the probability of a strike being declared unlawful is not high, either due to the absence of detailed legislative rules, as in the case of France, Belgium, and Italy, or because of a fairly permissive constitutional interpretation of the existing rules, as in the case of Spain. As a result, if we turn our attention to the 'remedial' aspect of the four national systems under examination, we find a widespread perception according to which unlawful strikes do not play a key role in the overall scenario of collective action. More specifically, even though the principle that any tort must have its remedy is certainly not disputed in the countries concerned, it remains evident that, unlike what has happened in the Swedish follow-up to Laval, civil liability for damages does not play a key role in the current debate."

Paper



Bookmarks