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RESEARCH PRODUCT

Las recientes reformas europeas en materia de libertad sindical y negociación colectiva: ¿Tiene algo que decir el Tribunal Europeo de Derechos Humanos?

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In June 2012, the European Union (EU) disbursed 41.3 billion Euros to the Spanish government to cover the banking liquidity needs. This "rescue" not only involved reforms related to the regulation of the financial sector. They also brought the labor reforms of 2010-2012. Such reforms involved a radical change in the model of Union Law in our country, and were originated in the context of a UE procedure for excessive deficit. Within the framework of this procedure, Spain had to address the reform of the labor relations system. Law 3/2012, of July 6, of urgent measures for the reform of the labor market, complied with the conditions imposed by the European Council to that effect. The international organizations that evaluated such labour reforms have highlighted that it never served the objectives to which it was directed: the creation of employment. In addition, the devaluation of labor and salary conditions has had devastating effects for citizens in our country. The recent change of government suggested that this reform had its days numbered. However, it is still in force. This study tries to verify whether the reversal of the reforms contained in Law 3/2012 is required by international law. Specifically, if the Spanish legislator did not comply with the parameters established by the European Court of Human Rights regarding freedom of association.