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European Observer on fundamental right's respect

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Case Law 1640/2001 (19/12/2007)

Type: Judgment

Authority: National Courts: Supreme Courts (Spain) - Tribunal Constitucional

Date: 12/19/2007

Subject: The Constitutional Court declares contrary to the right to strike, recognized in the Spanish Constitution, the limitation of this right in the Organic Law 4/2000 (Law of Rights and Freedoms of Foreigners in Spain) to the foreigners “authorized to work”. The Courts states that the worker’s right to strike is not dependent of the legality or not of his situation. The limitation established in the law is not valid and is therefore nullified by the Court. A previous judgment, 236/2007, of 7th November 2007, of the same Constitutional Court, declared not valid a similar limitation of the right to freedom of peaceful assembly and of association including the right to form and join trade unions to the foreigners not authorized to stay or reside in Spain. The Constitutional claim against the law was presented by the Andalusian Government

Original language: Spanish

Classification: Solidarity - Art. 28 Rights of workers, employers and their organisations: collective actions - Rights of workers, employers and their organisations: strike

Text download Spanish