Dáil Éireann Debate, Tuesday - 11 March 2008
302 Deputy Martin Mansergh asked the Minister for Enterprise, Trade and Employment the implications for Ireland of the outcome of the Laval case in the European Court of Justice and of the Viking line case now settled; and if Ireland intervened in either case, both of which raised issues of labour and employer rights. [10252/08]
Amharc ar fhreagraBoth the Laval and Viking cases referred to by the Deputy were the subject of European Court of Justice judgements that issued in December 2007. In its judgements, the European Court of Justice found that the right to take collective action and to strike is a fundamental right that forms an integral part of the general principles of Community law. The right can be invoked even where another fundamental right such as freedom of establishment is involved.
The right to take collective action, however, is subject to certain restrictions. The judgment found that, where the exercise of this right restricts another fundamental right, the collective action can only be justified if it pursues a legitimate aim justified by an overriding reason in the public interest and must not go beyond what is necessary to achieve the legitimate interest. According to the ECJ, what is a legitimate objective and whether the means used are proportionate must be assessed on a case-by-case basis. The Court's findings appear to accord with the position that prevails under the Irish Constitution.
Given the importance of the issues that arose, Ireland made written and oral submissions in both cases. Ireland emphasised the need for an appropriate balance between the freedoms provided for in Community law on the one hand, and the right to take collective action to protect employment standards on the other, which right should not be undermined by an overly broad and formalistic application of Community law. Having considered the judgments, and how they relate to the specific circumstances of the cases, I am satisfied that it is unlikely that they will have any detrimental impact on Irish workers or our Industrial Relations legislation and practices.
