ABSTRACT

This chapter seeks to shed further light on the relationship between the CJEU and the ECtHR. Its specic contribution lies in bringing to the fore tensions emerging in the jurisprudence of the two courts on the right to strike. While both courts have recognised the fundamental status of a right to strike, stark differences emerge from an analysis of the relevant case law in respect of the manner in which those rights have been articulated, and balanced, against competing rights. Notwithstanding the European Union’s claim to be a legal order that consists of more than its internal market notwithstanding, it will be argued that the CJEU is failing to take the right to strike seriously in the substance of its decision making. This renders the current case law of the CJEU and ECtHR in this eld fundamentally irreconcilable. Such jurisprudential dissonance is a matter of concern from a fundamental rights protection perspective. It is made more problematic by the current relationship of uneasy deference between the CJEU and ECtHR. It will be argued therefore that the accession of the EU to the ECHR may have a positive effect on the CJEU’s law on collective action.