The European Committee of Social Rights (ECSR) adopted during its 350th session (8-12 September 2025):

• The decision on the merits in Unione sindacale di base (USB) v. Italy, Complaint No. 208/2022

The complaint was registered on 31 March 2022. It relates to Article 6§4 (the right to collective bargaining - right to strike) having regard to Article G (restrictions) of the revised European Social Charter. In its complaint, USB alleged that certain provisions of Law No. 146/1990 regarding the exercise of the right to strike in essential public services, as subsequently amended and considered in light of its practical application, violate the aforementioned provision of the Charter on the ground that the rules governing the exercise of the right to strike within essential public services impose excessive limitations on this right by:
-    the lack of a dedicated procedure for reviewing in substance the independent administrative authorities’ decisions to prohibit or otherwise limit the exercise of the right to strike; 
-    the requirement of having to perform work during a strike in an essential service that goes beyond what is necessary to guarantee “minimum services”;
-    the requirement to indicate the duration of a strike in the prior notice that has to be given to the essential service provider at least ten days before it is called; 
-    the imposition of cooling-off and conciliation procedures, which must be completed before a strike can start and are of such a duration as to impair that strike’s efficacy;
-    the imposition of a prohibition on strikes for a certain period of time after a strike has taken place (“objective distancing”) and at certain times during the year (“excluded periods”); 
-    the granting to the Prefect and the Minister of the power to order workers to return to work in the event of a strike without foreseeing a possibility to review whether the power has been legitimately exercised.

Pursuant to Article 8§2 of the Protocol providing for a system of collective complaints, this decision will not be made public until after the Committee of Ministers has adopted a resolution or a recommendation, or no later than four months after it has been transmitted to the Committee of Ministers.

• The decision on the merits in European Organisation of Military Associations and Trade Unions (EUROMIL) v. Ireland, Complaint No. 212/2022

The complaint was registered on 9 August 2022. It relates to Articles 2 (the right to just conditions of work) and 4 (the right to a fair remuneration) of the revised European Social Charter. In its complaint, EUROMIL alleged that the situation in Ireland is in violation of Articles 2§1, 2§2, 4§1 and 4§2 of the Charter on the following grounds: 
-    the Government has failed to conclude collective agreements pertaining to working hours and payment premiums for work on public holiday and this endangers the health and safety of members of the Defence Forces;
-    the current levels of payments do not amount to a premium payment for work on public holidays, where additional days are not provided and premium payments are not made;
-    the Government has failed to provide adequate remuneration to members of the Defence Forces, including in the form of overtime payment premiums or increased time off in lieu for personnel carrying out duties for a duration of 24 or more hours; 
-    the ban on discussing overtime payments as part of the Scheme for Conciliation and Arbitration is unreasonable, disproportionate and unnecessary having regard to the aim to be achieved when compared to the scope of negotiation given to all other public servants and members of the security services.

Pursuant to Article 8§2 of the Protocol providing for a system of collective complaints, this decision will not be made public until after the Committee of Ministers has adopted a resolution or a recommendation, or no later than four months after it has been transmitted to the Committee of Ministers.

• The decision on the merits in Associazione Sindacale Militari (ASSO.MIL.) v. Italy, Complaint No. 213/2022

The complaint was registered on 29 August 2022. It relates to Article 12 (the right to social security) and Article E (non-discrimination) in conjunction with the said provision of the revised European Social Charter. In its complaint, ASSO.MIL. alleged that Italy failed to set up a complementary pension fund in favour of public sector workers working in the Armed Forces and the Military Police Forces. ASSO.MIL. argued in particular that, pursuant to Article 12 of the Charter, Italy is required to implement measures aimed at maintaining and even strengthening the social security system, and that the establishment of a complementary pension fund for security and defence workers is among these measures. ASSO.MIL. therefore asserted that the failure to establish such a complementary pension fund constitutes a violation of Article 12 and Article E in conjunction with Article 12 of the Charter, as well as a discrimination in comparison with all other public sector workers, who already benefit from such provisions.

Pursuant to Article 8§2 of the Protocol providing for a system of collective complaints, this decision will not be made public until after the Committee of Ministers has adopted a resolution or a recommendation, or no later than four months after it has been transmitted to the Committee of Ministers.

• The decision on the merits in Sindacato Autonomo Comitato Nazionale Pompieri (CO.NA.PO.) v. Italy, Complaints No. 214/2022 and No. 215/2022

The complaints were registered on 15 September 2022. They relate to Articles 2§4 (the right to just conditions of work), 4§1 and 2 (the right to a fair remuneration), 12 (the right to social security) and Article E (non-discrimination) in conjunction with these provisions of the revised European Social Charter. According to CO.NA.PO., Decree-Law No. 76/2020, which in application of Law No. 183/2010 of 4 November 2010, guarantees equal treatment in respect of salary and pensions between the National Firefighters Corps and other personnel in Civil Protection Corps performing equal work, applies only to firefighters recruited as of 1 January 2020. No provision has been made for firefighters who were recruited or retired before that date. CO.NA.PO alleged that the delay in allocating funds for the revaluation of firefighters' salaries and pensions as provided for by Law No. 183/2010 and the failure to take into account service performed by firefighters who were recruited or retired before 2020 constitute:
-    a violation of the right to fair remuneration and an increased rate of remuneration for overtime work (Article 4§§1 and 2 of the Charter); 
-    a violation of the right to protection in respect of inherently dangerous or unhealthy occupations (Article 2§4 of the Charter); 
-    a violation of the obligation to raise the system of social security to a higher level (Article 12§3 of the Charter); 
-    a violation of the principle of non-discrimination (Article E of the Charter).

Pursuant to Article 8§2 of the Protocol providing for a system of collective complaints, this decision will not be made public until after the Committee of Ministers has adopted a resolution or a recommendation, or no later than four months after it has been transmitted to the Committee of Ministers.