The ECtHR Holship Ruling and the Protection of Fundamental Rights in Europe

• Jurisdiction: European Union
• Year: 2022
• Author: Hans Petter Graver

Speaker

Hans Petter Graver is a Norwegian academic and scholar who earned a degree in law (cand. jur) in 1980 and a Doctorate of Laws (dr. juris) in 1986 from the University of Oslo. He was appointed Professor in Sociology of law with an obligation to teach administrative law in 1993. He served as the director of the centre of European Studies (ARENA) from 2001 to 2003 and as Dean of the Law faculty from 2008 to 2015.

In 2012, Graver was a visiting fellow at Heidelberg University, and in 2016, he was a visiting fellow at the Institute of Advanced Study at Durham University. He is currently a member of the advisory council of the IAS. Graver is also the president of the Norwegian Academy of Science and Letters.

In recognition of his contributions to academia, Graver has been awarded honorary doctorates from the University of Helsinki in 2010, the University of Heidelberg in 2017, and the University of Uppsala in 2020. He is also an honorary member of the Law Society of Finland.

Topic

In this presentation, we will delve into the Holship ruling issued by the European Court of Human Rights (ECtHR) regarding the intricate relationship between trade union rights and the right of establishment in Norway. The Holship case has garnered significant attention from legal scholars and practitioners alike, as it sheds light on the delicate balance that must be maintained between these two fundamental rights, which are sometimes perceived as being in conflict with each other.

The ruling addresses the specific case of a Norwegian company, Holship Norge AS, which refused to enter into a collective agreement with a trade union representing its workers. The company argued that doing so would violate its right of establishment under the Norwegian Constitution, as well as its rights under the European Union's fundamental principles of free movement of goods, services, and establishment. The trade union, on the other hand, argued that the company's refusal to negotiate a collective agreement constituted a violation of the workers' right to collective bargaining, as enshrined in international human rights instruments such as the European Convention on Human Rights (...