Tarifverhandlungen und Streikrecht in der EMRK und der ESC

• Jurisdiction: European Union
• Year: 2025

Speaker

Monika Schlachter is Director of the Institute for Labour Law and Industrial Relations in the EU (IAAEU) and Professor of Civil Law, Labour Law, and Private International Law at the University of Trier. Her academic work focuses on the impact of EU law on national labour and social law, European and international human rights, anti-discrimination law, collective bargaining, and the free movement of workers.

Before joining Trier in 2008, Monika held professorships at the Universities of Jena and Regensburg. She studied law in Göttingen, where she also earned her doctorate and completed her habilitation under Franz Gamillscheg.

Monika served as a member and Vice-President of the European Committee of Social Rights of the Council of Europe from 2008 to 2018. She has received honorary doctorates from the Universities of Miskolc (2011) and Pécs (2021) and was awarded the Bob Hepple Award for Lifetime Achievements by the Labour Law Research Network in 2021.

Topic

In this eu-presentation at the 2025 ERA Annual Conference on EU Labour Law, Monika Schlachter explores the evolving legal landscape of collective bargaining and the right to strike under the European Convention on Human Rights (ECHR) and the European Social Charter (ESC). The presentation outlines the overlapping guarantees provided by both instruments—Article 11 ECHR and Articles 5–6 ESC—emphasizing their relevance for trade union freedoms, collective negotiations, and industrial action.

Schlachter highlights the interpretive approaches adopted by the European Court of Human Rights (ECtHR) and the European Committee of Social...