The role of the EU Charter of Fundamental Rights in building a system of industrial relations at EU level

• Autores: Brian Bercusson
• Localización: Transfer: European Review of Labour and Research, ISSN 1024-2589, Vol. 9, Nº. 2, 2003, págs. 209-228
• Idioma: inglés
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• Resumen

  • This article explores the potential contribution of the EU Charter of Fundamental Rights to building a system of industrial relations at EU level, in particular, by introducing fundamental trade union rights into the legal order of the European Union. The first part of the article describes the role of the EU Charter in the context of the history of European integration. The second part explores the legal prospects of the EU Charter as a political declaration and if it is incorporated into the Treaty. The role of the European Court of Justice in developing the fundamental trade union rights provided in the Charter is analysed and the potential scope of these rights in the context of an EU system of industrial relations is examined. The third part of the article explores the potential of the EU Charter to act as a catalyst by stimulating initiatives for measures implementing Charter rights which would support a system of industrial relations system at EU level. Two central issues are analysed. First, the scope of EU competences to create a system of industrial relations at EU level and, secondly, the institutional framework for such a system of industrial relations at EU level.