Constitutional scope of restrictions on freedom of association in trade unions Cover Image

Konstytucyjny zakres ograniczenia wolności zrzeszania się w związkach zawodowych
Constitutional scope of restrictions on freedom of association in trade unions

Author(s): Marcin Kazimierczuk
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: freedom, the constitution; restrictions; the trade union; association

Summary/Abstract: According to the Article 59 Paragraph 4 of the Polish Constitution of 1997, the scope of freedom of association in trade unions or employers' organizations may be subject only to such statutory limitations as are permitted by the international agreements concerning the Republic of Poland. The reference to international agreements is not accidental. International agreements after 1980 paved the way for the right of association in independent trade unions. They were also support for the demand to respect these freedoms by the opposition in the years 1982-1989. International agreements also affected the shape of the freedom of association in trade unions after 1989. They were also the basis for assessing the scope of freedom of association in the jurisprudence of the Supreme Court and Constitutional Court before the entry into force of the Constitution of the Republic of Poland of 2 April 1997.

  • Issue Year: 2016
  • Issue No: 34
  • Page Range: 95-112
  • Page Count: 18
  • Language: Polish