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Case Law 101/2017 (26/07/2017)

Type: Judgment

Authority: National Courts Constitutional Court (Belgio)

Date: 07/26/2017

Subject: The decision of the Cour constitutionelle, annulled certain parts of article 114/1 of the Law of 23 July 1926, on the SNCB (National Railway Company of Belgium) and on Belgian railways personnel, as introduced by the Law of 3 August 2016, as concerned its exclusion of “approved”, (“agrée”) labour unions from participating in the advance notice and consultation procedure in case of social conflict and to participate in social elections, in light of among others, the provisions of the ECHR, the European Social Charter, and the EU Charter of Fundamental Rights, and applying the jurisprudence of the Courts of Strasbourg and Luxembourg and European Committee of Social Rights

Parties: Syndicat indépendant pour cheminots (SIC) et autres

Original language: Belgian

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

Text download Belgian