The Swedish government receives severe criticism by the European Committee of Social Rights for the so-called 'Lex Laval', i.e. amendments to the Swedish legislation following the judgment in the Laval case. The restrictions of the right to organise and collective bargaining entailed by the Lex Laval are rejected by the Committee.
The Committee, a body within the European Council with the task of guaranteeing that trade union rights are respected, issued on November 20 its decision concerning the complaint submitted by LO and TCO (The Swedish Confederation of Professional Employees) in 2012.
The legal expert of LO, Claes-Mikael Jonsson, is satisfied with the decision.
- It is a very positive statement for unions that recognises the righteousness of our case in practically all aspects, as well as a strong disapproval of the 'Lex Laval', adopted by the Swedish government. The decision by the ECSR, together with the observations by the ILO Committee of Experts earlier this year, changes the legal scenery in Europe. It is time for the Swedish government to abrogate the Lex Laval.
The ECSR disapproves of the restrictions on the right to take collective action and to collective bargaining, entailed by the Laval judgment. Trade unions' right to demand and pursue collective negotiations cannot be restricted by legislators.