Human Rights Court - Strike ban for civil servant teachers lawful
The ban on strikes for civil servant teachers in Germany is lawful according to a ruling by the European Court of Human Rights (ECtHR). According to the judges in Strasbourg, the Federal Republic had not violated the right to freedom of association.
Although a general ban on strikes for all civil servants raises human rights issues, there are still sufficient opportunities for civil servants and trade unions to effectively defend their professional interests. The fines imposed were therefore at the discretion of the state.
The case was brought by three female teachers and one male teacher from Germany. They went on strike in 2009 and 2010 for better working conditions. However, as they were civil servants, they were not allowed to stop working. Disciplinary measures were therefore imposed on them.
"Give and take"
According to the Federal Statistical Office, around 665,000 civil servants were employed at German schools in mid-2022. Unlike salaried employees, they are not allowed to strike, as the civil service in Germany is based on the principle of "give and take". Civil servants have a duty of loyalty to the state to ensure that the state remains capable of acting, even in times of crisis. In return, the state has a duty of "care" towards civil servants. Civil servants are employed for life and must be paid appropriately. Trade unions, on the other hand, argue that there is a human right to collective bargaining for the fair negotiation of working conditions.
Before the case ended up in Strasbourg, it had already been brought before German courts, including the Federal Constitutional Court. This confirmed the ban on strikes for civil servants in 2018. The civil servant relationship is based on a reciprocal system of rights and duties, and this does not allow for "cherry-picking", it said at the time.
The ECtHR has now largely agreed with this. German civil servants could form and join trade unions and the public service unions had a statutory right to participate in the drafting of service regulations. Therefore, civil servant teachers could participate in the determination of working conditions despite the ban on strikes. Furthermore, the disciplinary measures imposed on the plaintiffs were not severe and pursued a specific objective: To guarantee the right to education.
Furthermore, teachers do not have to be civil servants, but can work in an employment relationship in which they are allowed to strike, according to the judges. The Federal Ministry of the Interior welcomed the ruling.
Reactions to the ruling
The education trade union GEW, which had supported the teachers in their lawsuit, spoke of a "disappointing decision". Nonetheless, the ruling does suggest that civil service law in Germany could be developed further. These would now have to be examined and evaluated in detail. "The ECtHR ruling is an invitation to the federal and state governments to sit down at a table with the public service unions and discuss the democratic development of civil service law in Germany," said GEW Chairwoman Maike Finnern.
The civil servants' association dbb, on the other hand, welcomed the ruling: The GEW had opposed the clear assessment of the highest German court on purely dogmatic grounds and had attempted to evoke a conflict at European level over the constitution.
The European Court of Human Rights, based in Strasbourg, France, is part of the Council of Europe and is independent of the EU. The Council of Europe and the Court are committed to protecting human rights in the 46 member states. The judgments of the Court are binding on the states.
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Source: www.stern.de
