The right to strike and re-flagging in the European Union: free movement provisions and human rights

This article analyses the legality of recourse to the right to strike in re-flagging disputes within the European Union, which has been called into question by recent litigation in Viking v. International Transport Workers’ Federation and the Finnish Seamen’s Union. The article begins by providing an introduction to key terms relevant to this type of industrial action and then considers how these could be applied to the dispute at issue. The article continues by setting out relevant sources of international and European law and the supervisory bodies responsible for their interpretation. It then goes on to discuss the established scope of the right to strike and the extent of current controversy as to the ways in which its exercise can be restricted. The article ends by suggesting a means by which free movement provisions could be reconciled with international obligations under human rights instruments.