The legal status of representative trade unions: On the complicated relation between the legal status of trade unions and the right to collective action (Belgium, Dutch text).

摘要

The Ph.D. thesis seeks to examine the relation between the legal status of (representative) trade unions and their right to collective action. The question arises whether and to what extent the legal form provided of imposed by the State might jeopardise their right to collective action.; The subject focuses on the legal status of Belgian representative trade unions, which are said to ‘refuse’ corporate personality and to be mere factual associations. The aforementioned communis opinio is questioned in a critical way.; The thesis seeks to prove that Belgian trade unions are not deprived of legal capacity and that they are not situated in a vacuum iuris . The author confirms that these associations have a limited legal capacity and cannot be held liable (in tort) for wrongful collective action.; The central question is analysed in a comparative way, according to German, Dutch and French law. Furthermore the issue is examined in the light of international legal standards concerning human rights (ILO conventions, UNO-Conventions, Council of Europe Conventions).; The thesis offers insight into various fundamental topics, e.g. (1) legal theory: definition of corporate persons, legal capacity, subjective rights, legal order, institutional theory (Romano, Hauriou, Renard etc); (2) the definition of trade unions; (3) the problem of representativity of trade unions; (4) the Public Organisation of the Economy; (5) the limits of the right to collective action; (6) internal functioning of associations; (7) legal representation of groups of persons; (8) liability of groups for wrongful collective action; The subject matter is treated according to labour law, law of contractual obligations, tort law, constitutional law, international law, legal theory, administrative law, corporate law Furthermore, the problem is situated in a broad perspective of history and history of law.