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Volume 702: debated on Monday 16 June 2008

asked Her Majesty's Government:

Whether a right to strike has been established by European law or a combination of human rights legislation and European law. [HL3903]

The right to freedom of assembly and association is guaranteed by Article 11 of the European Convention on Human Rights. It is for the national law of each member state to determine whether and to what extent it may give any additional collective action rights. This was reflected by the European Court of Justice in the Viking Line and Laval judgments: the right to take collective action (including the right to strike), as recognised in EU law, is to be protected, and may be restricted, in accordance with Community law and national law and practice.