Constitutional basis of freedom of association in trade unions Cover Image

Konstytucyjne podstawy wolności zrzeszania się w związki zawodowe
Constitutional basis of freedom of association in trade unions

Author(s): Marcin Kazimierczuk
Subject(s): Politics, Constitutional Law, Civil Society, Sociology
Published by: Wydawnictwo Wyższej Szkoły Gospodarki Euroregionalnej im. Alcide De Gasperi w Józefowie
Keywords: freedom; to associated; trade unions; the Constitution; civil society

Summary/Abstract: Freedom of association has its origins in an idea of civil society. The civil societywith long and complex history becomes a fundamental element in a nowadays discourse on a well governed state.In such context an act of accession of Poland to European Union means integration with societies associating in various chains of associations, organisations, fundations,trade unions etc. – in the frame of what we used to call a civil society. Freedom of association is an essential element among other political rights andliberties. Trade unions, for example, are a form of association. Basically, they areassociations of workers organised to protect the interests of their members in front of the employer. A trade union can represent the rights of employees more efficientlythan an employee itself. The Constitution of the Republic of Poland of the 2nd April 1997 expresses freedom of association as a civil freedom. The Constitution emphesizes the particularrole that trade unions play in accomplishing the rules of pluralism. The freedom ofassociation in trade unions is guaranteed by article 59 of the Polish Constitution. The legislative system of the Third Republic of Poland secures favorable conditions forthe development of pluralism and reinforces democratic law order and the idea ofcivil society.

  • Issue Year: 32/2017
  • Issue No: 1
  • Page Range: 319-337
  • Page Count: 19
  • Language: Polish