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European Workers’ Freedom to Associate in the European Courts (2013-2014)

Field of study: Law

By comparing the jurisprudence of the two European Courts this article seeks to find an acceptable level of trade union rights in Europe. The focus is on the proportionality test introduced by the European Court of Justice (ECJ) in the process of finding a balance between fundamental rights and fundamental freedoms and also on the extension of the content of article 11 of the European Convention by the European Court of Human Rights (ECHR).

Keywords: European Court of Justice, European Court of Human Rights, EU fundamental freedoms of movement, right to strike, collective bargaining, collective agreement

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