Le droit de grève et l’Union Européenne en période d'austérité: la proposition "Monti II" et ses cartons jaunes

Abstract

On March the 21st 2012 the European Commission adopted its proposal for a Regulation on the exercise of the right to take collective action within the context of the freedom of establishment and the freedom to provide services. This proposal, also known as "Monti II" was to provide an answer to the concerns raised by the case law of the Court of Justice dealing with the right to take collective action (cases Viking and Laval). However, the proposal was rather short-lived, having being withdrawn by the Commission in September 2012. The present contribution explores the steps which brought to such an outcome. In particular, it analyses the so-called "yellow cards" which were raised against the proposal by several national parliaments in the context of the procedure set up by the Protocol N° 2 on Subsidiarity and Proportionality. Together with the "Monti II" proposal, these "yellow cards" provide interesting insights as regards the present conception of the relationship between the right to take collective action and the EU legal order.

Keywords

• Right to strike
• EU Labour Law
• Proportionality
• Subsidiarity
• Fundamental Freedoms of the EU