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’”
blarg1987
Well that is a very narrow minded view. I think you will find strikes are a last resort in most disputes when mediation and negotiation has failed to resolve the dispute.
They sending a warning to employers of the value of staff i.e. you loose a days busness this is what it is worth etc.
Bare in mind almost all the employment securities you have were the result of unions in the past.
LB
They sending a warning to employers of the value of staff i.e. you loose a days busness this is what it is worth etc.
=========
Correct. I agree.
Why do you then disagree that when the employer makes the calculation that they think that member of staff is not of value and is damaging the business, that you want to force the employer to carry on employing them?
It works both ways.
blarg1987
so 1.7 + 0.4 = 2.1 trillion, 7 trillion (as mentioned as all liabilities both public and private) – 2.1 trillion = 5.9 trillion.
From this you have to take away funded public sector schemes then the nubers do drop. So the figure is not 7 trillion as you have previously stated.
blarg1987
Because to sack people simply because they are in a Union is unfair dismissal and you go down the slippery slope of sacking people becasue you want to.
Should employers have the right to sack you on a whim because they consider you “damaging” to their buisness simply because you have concerns with a senior manager on say a new policy? I think the answer is no.
blarg1987
Correction 4.9 trillion.