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.”
45 Responses to “EU austerity and dismantling of collective bargaining ‘unlawful’”
LB
Take the “Human right to a spare bedroom”.
Take the idea of pay all the tax, get nothing back.
Endemic in parliament.
Still waiting for that one number answer from you.
How much does the state owe for pensions?
I’ve given you the one word answer, not that you were expecting me to be in favour of CB.
Now answer mine.
blarg1987
So you are saying empoyers have the right to rip up and change contracts at any time? And if you say hold on their were no negotiations and take reasonable measures just to be ignored the employer should be allowed to sack you?
Have you reported the crane collapses to HSE? How do you kow that? Are you sure they are not investigating and getting all the evidence before proceeding with a prosecution?
Even if the wind speed was very high, the onus is on the company to show they have taken all reasonable measures to manage risk if it is shown reasonable measures were not taken then prosecutions do happen.
In my experience the HSE has been pretty good at prosecutions on dangerious sites.
LB
Nope.
Let me clarify. How much is owed for civil servants and the state pension. They are unfunded schemes.
The state’s funded schemes have a slightly different problem. They have a net liability too, but htey have assets.
What’s private scheme’s got to do with the state’s schemes?
Oh I get it. You’re going to raid private and local government pensioner’s assets to try and pay the state pensions! Rob another group of people.
blarg1987
No I have just shown your figure of 7000 billion is inaccurate and needs revising as the article link shows that is the total pension bill if you take ALL pensions into account.
If you have problems with those figures I sugggest you take it upwith the person who wrote that article and not me.
LB
Nope. There is a contract. Contracts have terms and conditions. You can standardise employment contracts (done already).
However, if you don’t turn up for work because you don’t wnat to work, I think its entirely reasonable that the employer can decide they don’t want to employ you.
If you don’t like the conditions or the pay, its very simple. Get another job.
The employer then has to decide that with no workers prepared to work for them, that they have a problem. Or they don’t. Particularly if they can get migrants to do the jobs. One side effect of letting so many low skilled people in eh. Collective bargaining goes to pot.