Chapter

Setting Social Standards for and Beyond the European Union

Tonia Novitz

in International and European Protection of the Right to Strike

Published in print March 2003 | ISBN: 9780198298540
Published online March 2012 | e-ISBN: 9780191685484 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780198298540.003.0007

Series: Oxford Monographs on Labour Law

Setting Social Standards for and Beyond the European Union

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This chapter focuses on the European Union's adoption of social policy, from which the right to strike is excluded. The setting of social standards in the European Union has been limited by the terms of the Treaty of Rome 1957 which forms the basis of the current Treaty of the European Community (ECT). It was by means of a series of Treaty amendments that competence on social matters was acquired incrementally. However, protection of freedom of association or a right to strike appears to be excluded. Nevertheless, there seem to be consensus within the Union that the right to strike is a ‘core labour standard’ and a ‘fundamental right’. This is evident from the declaratory instruments adopted by the Member States and EU constitutions.

Keywords: European Union; social policy; Treaty of Rome; Treaty of the European Community; ECT; labour standard

Chapter.  12838 words. 

Subjects: Company and Commercial Law

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