Collective Labour Law Cases Before the Constitutional Tribunal
Collective Labour Law Cases Before the Constitutional Tribunal

Summary/Abstract: The author presents an analysis of the Constitutional Tribunal’s activity in collective labour law cases. During the 25 years of its existence, the Constitutional Tribunal has passed many judgments in that field. The matters covered by the judgments included, in particular: freedom of association in trade unions and employers’ organizations, trade union rights, equality and representativeness of trade unions, collective labour agreements and other autonomous sources of labour law, information and consultation of employees and many other issues from the area of collective labour law. The author describes in more detail each of these fields of the Tribunal’s activity. In particular, numerous judgments of the Constitutional Tribunal concern various trade union rights – the right to opine on drafts of legal acts or the right to make applications to the Constitutional Tribunal. Under Art. 191 par. 1 item 4 of the Constitution, national managing bodies of trade unions and employers’ associations have the right to file applications to the Constitutional Tribunal to examine compatibility of a normative act with the Constitution if a specific normative act concerns matters falling into the field of their operation. The review of Constitutional Tribunal’s judgments in the field of collective labour law presented by the author makes it clear that they account for a significant part of the Tribunal’s judicial output.

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