Les rapports internes entre le syndicat et ses membres en droit grec (La légalisation de la démocratie syndicale)

Abstract

No one can doubt that trade unions are instruments of democracy in so far as they are genuinely representative of the wishes of the workforce. Thus we may suggest that democracy within trade unions legitimâtes the trade unions in a democracy. We are interested primarily in the following question : whose responsability is it to ensure democracy in the internal structures of trade unions ? Is it up to trade unions organisations themselves ? Or is it up to the law to establish and supervise trade unions democracy ? When the legislature does decide to intervene to impose democracy on the internal life of trade unions there arises a conflict between trade unions democracy and trade unions autonomy. The present article examines the role of the law in defining and protecting trade union democracy in Greece. The current legislation has as its central purpose the organisation of trade unions elections, the protection of the right to membership, the guarantee of equality between members. Although such legislation guarantees the democratic process in the internal affairs of the trade unions, it tends to restrain their freedom in adopting internal structures adequate to their specific purposes.