Yellow card, but no foul”: The role of the national parliaments under the subsidiarity protocol and the Commission proposal for an EU regulation on the right to strike

Publishers Abstract:
On Mar 21, 2012, the EU Commission published a proposal for a Council regulation "On the exercise of the right to take collective action within the context of the freedom of establishment and the freedom to provide services". The aim of the proposal was to develop a legislative framework for the regulation of transnational industrial action and to address the challenge of protecting the right to strike in the context of the EU internal market.

In several recent decisions the Court of Justice of the EU (ECJ) has acknowledged that the right to take industrial action is a fundamental principle of the EU legal order. However, the ECJ developed a standard for the protection of the right to strike that is lower than that existing in many EU Member States.