Exercise of the Right to Strike in Slovenia: On Some Controversial Issues and Compliance with the European Social Charter

Abstract

The point of departure of this paper is that, in Slovenia, the implementation of the Strike Act, which was adopted still in former Yugoslavia requires profound changes as it is not in line with the constitutional concept of the right to strike or with the basic approaches of international norms and/or the interpretations of these norms made by the relevant supervisory bodies. The focus is placed exclusively on the European Social Charter and its supervisory body – the European Committee of Social Rights. The author briefly comments on certain (inadequate) solutions in the domestic legal regime and its implementation. She indicates possible changes de lege ferenda following the interpretations of the European Social Charter, derived from the case-law of the European Committee of Social Rights. Special attention is drawn to the inadequate legislation which determines limitations to the right to strike of workers in state bodies and public services.