Pending complaints
The complaint was registered on 31 March 2022. It relates to Article 6§4 (right to collective bargaining) of the Revised Social Charter. USB alleges that the restrictions on the exercise of the right to strike in essential public services contained in the provisions of Law No. 146 of 12 June 1990 are in breach with Article 6§4 of the Charter inter alia, because they impose an obligation to provide during a strike "indispensable services" in addition to those necessary to guarantee "minimum services"; because the compulsory period of notice, together with compulsory reflection and conciliation procedures, are excessive and unreasonable, so as to undermine the dissuasive effect of the strike and because the wide discretionary power granted to the administrative authority in the exercise of the power to postpone strikes and/or issue warnings under Article 8 of Law No. 46/1990 is likely, in practice, to exclude and render ineffective the exercise of the right to strike.
Case-document No. 1, Complaint registered on 31 March 2022 (Original in Italian)
Case-document No. 2, Observations by the Government on admissibility
Case-document No. 3, Response by USB to the Government's observations on admissibility (Italian only)
Case-document No. 4, Reply from the Government to USB's response on admissibility
Case-document No. 5, Observations by the European Trade Union Confederation (ETUC)
Case-document No. 6, Submissions of the Government on the merits
Case-document No. 7, Response from USB to the Government's submissions on the merits (Italian only)
Case-document No. 8, Reply from the Government to USB's response on the merits
The European Committee of Social Rights declared the complaint admissible on 7 December 2022.
Department of Social Rights
Directorate General of Human Rights and Rule of Law
Council of Europe
1, quai Jacoutot
F – 67075 Strasbourg Cedex
Tél. +33 (0)3 90 21 49 61
www.coe.int/socialcharter