New ECHR case law on the right to strike in public services

On December 14, the European Court of Human Rights (ECHR) delivered a judgement of major importance for civil servants in Germany.

In the case of Humpert and Others v. Germany, the ECHR ruled that a prohibition on strikes by civil servants does not violate their freedom of assembly and association when there are institutional safeguards that allow for effective defence of professional interests.

The Court was called upon to examine possible violations of articles 11 (freedom of assembly and association) and 14 (prohibition of discrimination) of the European Convention on Human Rights.

According to the applicants, German teachers with civil servant status, the disciplinary measures taken against them for participating in a strike during working hours, along with the general prohibition on strikes for civil servants, do not have a legal justification and are disproportionate and discriminatory.

The Grand Chamber of the ECHR held that the measures against the teachers had been proportional to the legitimate aims pursued by the German state, in particular to ensure effective public administration and to protect other rights, such as the right to education.

According to the judgement, the statutory right of civil service trade unions to participate in the formulation of regulations and the constitutional right of civil servants to “adequate maintenance” are sufficient for the protection of their interests.

The judgement was welcomed by CESI’s biggest member organisation, the German “dbb“, according to which “the civil service ban on strikes is closely linked to the constitutional foundations of the German civil services” and that “a right to strike would trigger a chain reaction with regard to the structure of the civil service relationship as a whole”.