‘Outsourcing’ the integrated approach to interpretation: The implications of Association of Academics v Iceland
The European Court of Human Rights has recognised the right to strike as falling within the ambit of Article 11 ECHR. The Strasbourg Court has expanded the scope of the provision by applying the so-called integrated approach, integrating materials of other international bodies into the interpretatio...
Published in: | European Labour Law Journal |
---|---|
Main Author: | |
Format: | Article in Journal/Newspaper |
Language: | English |
Published: |
SAGE Publications
2020
|
Subjects: | |
Online Access: | http://dx.doi.org/10.1177/2031952519900515 http://journals.sagepub.com/doi/pdf/10.1177/2031952519900515 http://journals.sagepub.com/doi/full-xml/10.1177/2031952519900515 |
id |
crsagepubl:10.1177/2031952519900515 |
---|---|
record_format |
openpolar |
spelling |
crsagepubl:10.1177/2031952519900515 2023-05-15T16:48:13+02:00 ‘Outsourcing’ the integrated approach to interpretation: The implications of Association of Academics v Iceland Thorsteinsson, Halldor Kr. 2020 http://dx.doi.org/10.1177/2031952519900515 http://journals.sagepub.com/doi/pdf/10.1177/2031952519900515 http://journals.sagepub.com/doi/full-xml/10.1177/2031952519900515 en eng SAGE Publications http://journals.sagepub.com/page/policies/text-and-data-mining-license European Labour Law Journal volume 11, issue 1, page 90-96 ISSN 2031-9525 2399-5556 Metals and Alloys Mechanical Engineering Mechanics of Materials journal-article 2020 crsagepubl https://doi.org/10.1177/2031952519900515 2022-04-14T04:54:27Z The European Court of Human Rights has recognised the right to strike as falling within the ambit of Article 11 ECHR. The Strasbourg Court has expanded the scope of the provision by applying the so-called integrated approach, integrating materials of other international bodies into the interpretation of the Convention. Recently, the protection of the right to strike under Article 11 (1) ECHR has been threatened by the expansion of Article 11 (2). The concurrent expansion of the two provisions has created a rift in the jurisprudence of the Court. The inconsistent application of the integrated approach poses a further threat to the protection of the right to strike. This article focuses on a recent verdict of the Strasbourg Court, Association of Academics v Iceland. The decision raises questions about the interpretative approach of the Court. It has been criticised for neglecting the integrated approach. It is argued that the integrated approach was not completely abandoned in Association of Academics. Instead, the Court granted discretion to the national courts once it had established that the integrated approach was applied at a national level. The ‘outsourcing’ of the integrated approach in the case led to unfortunate results for the right to strike, as the Court permitted extensive restrictions to the right on weak substantial grounds. The essay concludes with discussing the possible implications of the decision. Article in Journal/Newspaper Iceland SAGE Publications (via Crossref) European Labour Law Journal 11 1 90 96 |
institution |
Open Polar |
collection |
SAGE Publications (via Crossref) |
op_collection_id |
crsagepubl |
language |
English |
topic |
Metals and Alloys Mechanical Engineering Mechanics of Materials |
spellingShingle |
Metals and Alloys Mechanical Engineering Mechanics of Materials Thorsteinsson, Halldor Kr. ‘Outsourcing’ the integrated approach to interpretation: The implications of Association of Academics v Iceland |
topic_facet |
Metals and Alloys Mechanical Engineering Mechanics of Materials |
description |
The European Court of Human Rights has recognised the right to strike as falling within the ambit of Article 11 ECHR. The Strasbourg Court has expanded the scope of the provision by applying the so-called integrated approach, integrating materials of other international bodies into the interpretation of the Convention. Recently, the protection of the right to strike under Article 11 (1) ECHR has been threatened by the expansion of Article 11 (2). The concurrent expansion of the two provisions has created a rift in the jurisprudence of the Court. The inconsistent application of the integrated approach poses a further threat to the protection of the right to strike. This article focuses on a recent verdict of the Strasbourg Court, Association of Academics v Iceland. The decision raises questions about the interpretative approach of the Court. It has been criticised for neglecting the integrated approach. It is argued that the integrated approach was not completely abandoned in Association of Academics. Instead, the Court granted discretion to the national courts once it had established that the integrated approach was applied at a national level. The ‘outsourcing’ of the integrated approach in the case led to unfortunate results for the right to strike, as the Court permitted extensive restrictions to the right on weak substantial grounds. The essay concludes with discussing the possible implications of the decision. |
format |
Article in Journal/Newspaper |
author |
Thorsteinsson, Halldor Kr. |
author_facet |
Thorsteinsson, Halldor Kr. |
author_sort |
Thorsteinsson, Halldor Kr. |
title |
‘Outsourcing’ the integrated approach to interpretation: The implications of Association of Academics v Iceland |
title_short |
‘Outsourcing’ the integrated approach to interpretation: The implications of Association of Academics v Iceland |
title_full |
‘Outsourcing’ the integrated approach to interpretation: The implications of Association of Academics v Iceland |
title_fullStr |
‘Outsourcing’ the integrated approach to interpretation: The implications of Association of Academics v Iceland |
title_full_unstemmed |
‘Outsourcing’ the integrated approach to interpretation: The implications of Association of Academics v Iceland |
title_sort |
‘outsourcing’ the integrated approach to interpretation: the implications of association of academics v iceland |
publisher |
SAGE Publications |
publishDate |
2020 |
url |
http://dx.doi.org/10.1177/2031952519900515 http://journals.sagepub.com/doi/pdf/10.1177/2031952519900515 http://journals.sagepub.com/doi/full-xml/10.1177/2031952519900515 |
genre |
Iceland |
genre_facet |
Iceland |
op_source |
European Labour Law Journal volume 11, issue 1, page 90-96 ISSN 2031-9525 2399-5556 |
op_rights |
http://journals.sagepub.com/page/policies/text-and-data-mining-license |
op_doi |
https://doi.org/10.1177/2031952519900515 |
container_title |
European Labour Law Journal |
container_volume |
11 |
container_issue |
1 |
container_start_page |
90 |
op_container_end_page |
96 |
_version_ |
1766038329883623424 |