Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-07-04-Speech-2-316"
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"en.20060704.31.2-316"2
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"Madam President, freedom of association is a general principle of Community law; the European Court of Justice has clearly recognised this.
There is an important article – Article 12 of the Charter of Fundamental Rights of the European Union – which envisages the right to freedom of association at all levels, in particular in trade union matters. Freedom of association must therefore always be respected.
We also have Article 137 of the Treaty of Rome, which more specifically states that its provisions shall not apply to the right of association. What is the consequence? There exists a freedom of association very clearly set out in the European Charter of Fundamental Rights; but the Treaty does not acknowledge the authority of the Commission to intervene, for example, against a private business that violates the right of association. In these cases it is the task of the national authorities, and in particular the judiciary, to guarantee respect for this right.
This is clearly a matter to be resolved by the courts, simply because there is no concrete provision in the Treaty that would empower the Commission to intervene."@en1
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