Fundamental trade union rights and european constitution

Abstract

The new European Constitution recognises the function of the role of the social dialogue in the EU context as a key element of the European strategies. But the impression is that the legal outcome contained in the too sober sentences of the European Constitu tion is not coherent with the role gained defacto by social partners today in the national members states and at the EU context. It is still striking the lacking of legal rules to guaranteeing the respect of transnational trade union rights as the right of association and strike. The philosophy promoting collective labour relations at EU level, enshrined in the Constitution, does not find a coherent development in the web of provisions interesting labour law and industrial relations. The language of the social democracy is not increased in all stages of the constitutional itinerary where it would be more appropriate and logic to involve social partners in all fields of their interests: macroeconomy and social policies.