European Employment Law Cases


2022/21 The right to collective action recognised by the European Social Charter has no direct effect says the Belgian Supreme Court (BE)

Keywords Unions, Juridisch, Arbeidsrecht, Europees recht (EU Recht)
Authors Gautier Busschaert
Author's information

Gautier Busschaert
Gautier Busschaert is an attorney at Van Olmen & Wynant.
  • Abstract

      In a decision regarding the legality of the prosecution of a group of strikers following a road blockade, the criminal chamber of the Belgian Supreme Court has stated rather surprisingly that Article 6(4) of the European Social Charter (right to collective action) could not be directly invoked by the strikers as it lacked clarity and precision, thus requiring supplementary regulation of this right by national legislation.

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