Social Rights

The decision of the European Committee of Social Rights (ECSR) on the merits in European Trade Union Confederation (ETUC), Netherlands Trade Union Confederation (FNV) and National Federation of Christian Trade Unions (CNV) v. the Netherlands, Complaint No. 201/2021, became public on 23 July 2024. In their complaint, the complainant organisations, ETUC, FNV and CNV, allege a violation of Article 6§4 (the right to bargain collectively) of the revised European Social Charter (“the Charter”), on two grounds. The first is directed against the interpretation given by the Supreme Court to Article 6§4 and Article G (restrictions) in judgments handed down in 2014-2015, following which it has provided the framework for assessing the scope for exercising the right to strike in the Netherlands. The second ground concerns the way in which the lower courts have applied the assessment framework, which the complainant organisations consider is not stable and foreseeable and thus goes beyond what is provided by Article G of the Charter.

In its decision on the merits, the ECSR concluded:

-    by 14 votes against 1, that there is no violation of Article 6§4 of the Charter  as regards the assessment framework of the Supreme Court;

-    by 14 votes against 1, that there is no violation of Article 6§4 of the Charter as regards the application of the assessment framework of the Supreme Court by the lower courts. 

In accordance with Rule 35§1 of the Rules of the Committee, a separate dissenting opinion was appended to this decision.