The European Union's austerity measures and the dismantling of collective bargaining in a number of countries is unlawful, according to a professor at the University of Bremen.
The European Union’s austerity measures and the dismantling of collective bargaining in a number of countries is unlawful, according to a report by professor Andreas Fischer-Lescano of the University of Bremen in Germany.
The report, drawn up for the Austrian Trade Union Federation (ÖGB), the Austrian Federal Chamber of Labour, the European Trade Union Confederation (ETUC) and the European Trade Union Institute (ETUI), claims that the European Commission and the European Central Bank (because of their involvement in the troika) are breaching the primary law of the EU because the Treaty Of Lisbon (which provides the constitutional basis of the European Union) also includes the Charter of Fundamental Rights.
EU countries which approve of the Memoranda Of Understanding in the Governing Council of the European Stability Mechanism (ESM) are bound to Fundamental and Human Rights, argues Professor Fischer-Lescano, who also says the crisis does not render EU law inoperative.
On a national level this approach was objected to by constitutional courts, Fischer-Lescano says, citing Portugal as an example. The European Parliament has to take action.
“Across Europe, trade unions have fought long and hard against austerity, and demand a fundamental political change of course,” says Bernhard Achitz, general secretary of the Austrian Trade Union Federation:
“From drastic cuts in social spending, restrictions on basic trade union rights, such as the actual abolishment of collective agreements, intervention in minimum wages and much more than that, we have enough.”
In order to substantiate the trade union’s argument, the European Trade Union Confederation (ETUC), ÖGB, and the Austrian Federal Chamber of Labour (AK) commissioned the legal opinion:
“The results are very clear. The socially unjust and economic unreasonably austerity of the EU must come to an immediate termination. It is bad for the people, bad for Europe and it is also unlawful,” said Achitz.
The report strengthens the claim of European trade unions for a fundamental change of course and a European investment plan, such as the one recently proposed by the ETUC, says Achitz:
“Investment in the welfare state and social services must take the place of short-sighted austerity policies, as well as the Charter of Fundamental Rights must no longer remain a paper tiger, it has to eventually be observed by the EU policy.
“Since the financial crisis started in 2008, member states have taken a number of measures to cut public spending and reduce budget deficits. These austerity measures have also targeted social rights and have led to a deregulation of national labour laws as well as the dismantling of collective bargaining systems”, says Veronica Nilson, Confederal Secretary of the ETUC.
“The situation is the worst in the programme countries where the troika has imposed far-reaching measures. They have imposed cuts in minimum wage, interfered with collective bargaining forcing collective bargaining to take place at company level.
“Professor Fischer-Lescano’s study strengthens our argument that we have to legally challenge the austerity measures. Trade unions have already had some success through the collective complaints procedure at the Council of Europe.”
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45 Responses to “EU austerity and dismantling of collective bargaining ‘unlawful’”
LB
And stealing money from people’s bank accounts to keep politicians in clover is legal.
Stealing pensions so politicians keep going legal.
Making it illegal to know how many days labour peers turned up, so we can compare it against their claims – its a state secret.
Not being prosecuted for fraud for claiming money – all at the public’s expense.
Swanning round the world dodging tax. Labour prime ministers a speciality.
…
LB
The socially unjust and economic unreasonably austerity
================
Just which bit of what the state has done to people do you not comprehend?
The UK government has a true debt of 8,000 bn pounds. That’s a present value. It’s not the sum of future payments. It’s what it owe now and most of it is pensions.
If you are a civil servant, you are f***cked. They’ve spent all your contributions.
If you are poor, you are f***cked. They’ve spent all your contributions too.
That debt is rising at 850 bn a year. Taxes come to 600 bn. You’re f***cked.
And we’ve numpties like Tony Burke thinking lets spend spend spend more of the poor’s money. After all who cares if they are destitute in their old age eh Tony?
blarg1987
And back to the origional point, do you think the EU should abolish collective barganining for workers all in the name of econoic growth a yes or no answer is all that is required.
LB
No.Collective bargaining should be allowed.
It’s a libertarian argument.
Equally, employer’s should have the right to be able to ignore collective bargaining.
Are you going to answer whether employees should have the right to ignore collective bargaining?
LB
So how about a one number answer from you.
How much as a present value does the state owe civil servants and the public for pensions?