Country :

Spain

Register number :

219/2022

Applicable law/instrument :

Revised European Social Charter

Branch of law :

Human rights

Keywords :

Right to strike and collective action
Trade union rights
Collective bargaining
Human rights

Judgement date :

01/02/2023

The European Organisation of Military Associations and Trade Unions (EUROMIL) has lodged a complaint against Spain, alleging the violation of articles 5 (the right to organise) and 6 (the right to bargain collectively) of the Revised European Social Charter (RESC).

The complaint focuses on Spanish legislation - Organic Law 9/2011 and Organic Law 11/2007 - that prohibits trade union activities and collective bargaining among military personnel. According to EUROMIL, this blanket ban does not come within the margin of appreciation afforded to States when interpreting the rights enshrined in the RESC and amounts to an undue restriction of the rights in question which is disproportionate and unnecessary in a democratic society. 

The full text of the complaint can be found here.

For more information on the collective complaints system, see here. 
 

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