was registered on 7 June 2012.
It relates to the right to organise (Article 5 of the Charter), the right to bargain collectively (Article 6 of the Charter) and the right to information and consultation (Article 21 of the Charter).
The complainant organisation alleges that police representative associations in Ireland, and more specifically, the Association of Garda Sergeants and Inspectors (AGSI), do not enjoy full trade unions rights which include, in particular, the right to join an umbrella organisation and the right to bargain collectively.
In its decision, the European Committee of Social Rights
- unanimously declared the complaint admissible as far as it concerns Article 5 and 6 of the Charter and declares the remainder of the complaint inadmissible;
- by 10 votes to 1, that there is no violation of Article 5 of the Charter on grounds of the prohibition against the police from establishing trade unions;
- unanimously, that there is a violation of Article 5 of the Charter on grounds of the prohibition against police representative associations from joining national employees’ organisations;
- unanimously, that there is a violation of Article 6§2 of the Charter on grounds of restricted access of police representative associations into pay agreement discussions;
- by 6 votes to 5, that there is a violation of Article 6§4 of the Charter on grounds of the prohibition against the right to strike of members of the police.