Court: Law on creation of trade union register is unconstitutional

The provisions of a law on the creation of a general register for trade unions are unconstitutional, contrary to the European Convention on Human Rights (ECHR) and Greek legislation, a Chamber of Greece’s highest administrative court ruled on Tuesday.

After establishing that the register interferes heavily with the right to freedom of association and the relevant provisions are in conflict with the Greek Constitution, the Chamber referred the matter to the plenary of the Council of State for an irrevocable decision.

“The promotion of public interest goals should not be pursued by legislative regulations that end up attacking the core of freedom of association or imply restrictions of said freedom in violation of the principle of proportionality or cause illegal infringement of other rights protected by the Constitution or EU law, such as the right to the protection of personal data,” the judges said.

The creation of a registry was part of a 2021 bill by Labor Minister Kostis Hatzidakis introducing changes to labor relations. The Labor Center of Athens, the Federation of Bank Employees’ Organizations of Greece and the ACS-Postal Services Employees’ Union appealed against it in court.