JUNTA RECTORA DEL ERTZAINEN NAZIONAL ELKARTASUNA (ER.N.E.) v. SPAIN - 45892/09 - Chamber Judgment (French Text) [2015] ECHR 400 (21 April 2015)

JUNTA RECTORA DEL ERTZAINEN NAZIONAL ELKARTASUNA (ER.N.E.) v. SPAIN - 45892/09 - Chamber Judgment (French Text) [2015] ECHR 400 (21 April 2015)

The prohibition on the right to strike for members of the Basque police is a justified and proportionate restriction under Article 11(2) ECHR, given the specific functions and responsibilities of police in maintaining public order and security. The restriction is limited to police and does not extend to all public...

Source-derived case information.

Citation
[2015] ECHR 400
Parties
Applicant: Junta Rectora Del Ertzainen Nazional Elkartasuna (ER. N. E.); Respondent: Kingdom of Spain
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
Application dismissed; no violation found
Legal Topics
Freedom of Association, Right to Strike, Trade Union Rights, Public Sector Employment, Police Powers, Discrimination, Judicial Review
Human Rights Law Labour Law Constitutional Law Freedom of Association Right to Strike Trade Union Rights Public Sector Employment Police Powers +2 more

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Parties

Junta Rectora Del Ertzainen Nazional Elkartasuna (ER. N. E.)

Applicant

Kingdom of Spain

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

  1. 1 Whether the prohibition on the right to strike for members of the Basque police violates Article 11 (freedom of association) of the European Convention on Human Rights, alone or in conjunction with Article 14 (prohibition of discrimination)
  2. 2 Whether the domestic courts provided sufficient reasoning in rejecting the applicant's claims under Article 6 (right to a fair trial)

Ratio Decidendi

The prohibition on the right to strike for members of the Basque police is a justified and proportionate restriction under Article 11(2) ECHR, given the specific functions and responsibilities of police in maintaining public order and security. The restriction is limited to police and does not extend to all public servants. There is no evidence of discrimination under Article 14, and the domestic courts provided sufficient reasoning in their decisions.

Court Disposition

Application dismissed; no violation found

Orders

  • The application is declared admissible as to the Article 11/14 claim and inadmissible as to the remainder.
  • It is held that there has been no violation of Article 11, alone or in conjunction with Article 14.