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Although pilots like their work and profession a lot, are actively involved in their respective airlines, know that especially during difficult economic times their airline needs their support, sometimes they have no choice but to put pressure on their employers. The ultimate pressure can be placed by organising a strike.

Although we all know that this will also hurt our passengers, sometimes it is the only possible way out, for example when all other means of dialogue and negotiations have failed to achieve a mutually satisfactory outcome. For this reason, in Europe and beyond, there is the fundamental right of collective action. It has been shown in the past that due to national and European legislation, this fundamental right could not be exercised. For this reason the European Commission recently adopted a legislative proposal, the so-called “Monti 2” Regulation. This was intended to clarify how the fundamental right to strike has to be seen in the context of the EU’s economic freedoms.

However, we see that the European Commission’s proposal puts commercial interests of the employers above the FUNDAMENTAL RIGHT of collective action. A company exerting the right of establishment or free provision of services is only required to follow the necessary legal procedures, but not to prove that its actions are ‘proportional’. In contrast, according to the principles in this proposal, the company which is the target of strike action can require the unions to prove that their actions comply with the ‘proportionality test’. This puts a significant break upon the unions’ ability to carry out any effective collective action. It shows that the current proposal privileges the economic freedoms over the exercise of the fundamental rights.

We in ECA will do what we can to have a legislation that protects our members’ fundamental right to take collective actions. This right cannot be used lightly. But when we see that it is the only way forward to protect the interests of our members, passengers, safety and sometimes even the company’s own future against wrong business decisions by management we must be able to exercise our rights. The Monti 2 proposal, and the restrictions it imposes, is therefore not acceptable and ECA will join forces with other stakeholders to oppose the proposal as it currently stands.