Freedom of Association as a Foundation for Trade Union Rights: a Comparison of EU and ECHR Standards

The title of this thesis is Freedom of Association and Trade Union Rights in Europe, Comparative Analysis of the ECJ and ECtHR Case Law. There are several issues that the thesis will try to shed light on. Firstly, it will identify what level of freedom of association as a trade union right is deemed acceptable at the international and European levels. At the international level the ILO and ESC standards will be looked at, while at the regional level I will research the case law of the two European Courts – CJEU and ECtHR. Secondly, the standards of the CJEU and ECtHR will be compared to each other. This way, we will know which of the two protects trade union rights better and where there might be flaws. Thirdly, after comparing the CJEU and ECtHR standards with each other, they will be compared to the international standards of the ILO and ESC. This way I will check how the regional standards are in concert with the international standards that are respected worldwide. Finally, the prospects of EU accession to the ECHR will be looked at. Here I will investigate whether the accession might affect the protection of trade union freedoms in Europe, and if so, in what way.