CERTAIN ASPECTS REGARDING THE RIGHT OF PUBLIC SERVANTS IN THE EUROPEAN UNION TO STRIKE. POSITIVE STATUTORY REGULATION OF THE RIGHT TO STRIKE IN ROMA
CERTAIN ASPECTS REGARDING THE RIGHT OF PUBLIC SERVANTS IN THE EUROPEAN UNION TO STRIKE. POSITIVE STATUTORY REGULATION OF THE RIGHT TO STRIKE IN ROMA

Summary/Abstract: The right to strike of public servants, therefore of those who nee to contribute to the permanent functioning of public service, arises as the most controversial right, the controversy arising from the idea of preemption of general interests, carried out through the performance of public service as prior to private interests, sought after by going on strike. In Europe, the right to strike of public servants has not always been admitted and not everywhere. Where this happened, there were limitations and conditions to be met in exercising this right. Such restrictions vary in extent and often aim certain categories of workers due to their statute (public service), the attributions they fulfill (essential services), their hierarchy in rang (managerial staff) or any other combinations of these. In certain states there are no legal dispositions regarding the subject, which generates different interpretations of national public authorities, namely the ones that forbid, namely admit tacitly the right to strike. Moreover, the public servants from certain European states are governed, in their ensemble, by a special legislation which defines, among others, the conditions required to go on strike. In other states there is no distinction between the private and the public sector, thus the servants from the public sector must observe the procedures regulated by the common law in on the subject of the employees’ strike.At the moment, in our country, the right to strike of the public servants is no longer conditioned by the observance of the principle of continuity and celerity of the public service and therefore the exercise of this right should relate to the criteria and restrictions contained in Law 168/1999, modified, the common law in the matter of work conflicts, namely to ensure the essential services, but not less than 1/3 of the normal activity, as well as with the observance of minimum life necessities of the local community. The solution is debatable, a new legal regulation being necessary, due to the fact that the regime of the strike in the field of public servants presents a series of particularities as opposed to the general employees’ strike.

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