Doc. 9962

7 October 2003

The exercise of the right to strike in the sector of essential public services in the member states of the Council of Europe

Motion for a recommendation

presented by Mr Crema and others

      The Parliamentary Assembly of the Council of Europe,

      Considering that:

1.       the right to strike is recognised as an indispensable instrument by the European Union for the exercise of the economic and social rights of workers; as such, it is supported by the European Social Charter signed in Turin on 18 October 1961 and the Community Charter of the Fundamental Social Rights of Workers of 1989;

2.       Article 28 of the EU Charter of Fundamental Rights solemnly proclaimed in Nice on 18 December 2000 (2000/C 364/01) expressly attributed to workers the right to organise collective action, including strikes, to defend their interests;

3.       this prerogative assigned to EU workers should be related to other fundamental rights of European citizens protected by the treaty and the Charter itself, such as the right of free movement on the territory of member states laid down in article 45;

4.       the need to strike a balance between protected rights means that the issue of the external limitations to the right to strike, addressed differently by the legislation of the various countries, must be addressed at EU level. In particular, it is necessary to identify measures to safeguard citizens in the event of strikes involving essential public services, i.e. the services intrinsically linked to the exercise of fundamental rights;

5.       the different choices made by the member states' law-makers concerning the need to guarantee essential public services have an impact on the entire European Union, when a collective withdrawal takes place in the context of services which, from the structural or functional point of view, are connected at supernational level;

6.       the Council of Europe aims at the harmonisation of social systems; this objective can be favoured by an approximation of the legislative, regulatory and administrative provisions designed to combat social isolation,

      Takes note of the need to tackle the issue of the limitations to the exercise of the right to strike, considering the need to ensure balance between this and other rights protected by treaties and charters of fundamental rights;

      Acknowledges that the issue goes beyond national borders in that it has an impact on the possibility to use services that are integrated - from the structural and functional point of view - at European level and linked to the exercise of fundamental rights;

      Recognises that with a view to the harmonisation of national regulations concerning strikes in the public sector, it is necessary to pursue a tighter cooperation at all levels in Europe and focus on the need to ensure a steady exchange of information. This exchange is necessary to overcome any fragmentation between the various regulations on strikes in the sector of public services and to make the most of the positive aspects of the diverse regulatory systems in force in Europe;

      Notes that the strikes proclaimed in Europe's transports sector have pointed to the need to identify some common principles for the regulation of strikes, with special regard to those involving transportation services;

      Underlines the need to strengthen and step up European cooperation regarding the regulation of strikes affecting public services, so that citizens can be protected in a homogeneous manner throughout Europe;

      Deems it appropriate for this purpose to promote a research on the regulation of strikes affecting public services that compares the regulations in force in member states, with special reference to the limitations to the right to strike and the provisions protecting the fundamental rights of citizens.

Signed ¹:

Crema, Italy, SOC

Aguiar, Portugal, EPP/CD

Azzolini, Italy, EPP/CD

Budin, Italy, SOC

Burbiené, Lithuania, SOC

Elo, Finland, SOC

Figel, Slovakia, EPP/CD

Hooper, United Kingdom, EDG

Kirilov, Bulgaria, SOC

Schreiner, France, EDG

Severin, Romania, SOC

Sysas, Lithuania, SOC

Velikov, Bulgaria, LDR

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group