I noticed an interesting letter in the Telegraph yesterday from Lord Wedderburn QC. It’s a bit cryptic, but I think he’s suggesting the ECJ might be about to create a new, enforceable right to strike.
The two cases he’s referring to, in which Advocates General have recently delivered opinions – the judgment of the court itself is awaited – are case 341/05 Laval and case 438/05 Viking Line.
I’m not sure I share Lord Wedderburn’s concern: I think if I were a union boss I’d be concerned that the ECJ is about to rule that strikes involving firms trading across EU borders must be justified in terms of EU free movement law, in order to be lawful.
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