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Police on strike

The ban on strike action imposed on a police trade union did not infringe its freedom of association. This is a result of the European Court of Human Rights decision in the case of Junta Rectora del Ertzainen Nazional Elkartasuna (the Basque country’s police trade union) vs Spain (45892/09).

The ruling has a very important dimension for Poland because of art. 67 sec. 1 and 2 of the Act on Police (Journal of Laws from 2015, item 335, consolidated text). Due to the said regulation, the police officers are entitled to associate in the trade union, however they are not entitled to exercise a right to strike. The Act also states that there can be only one trade union for Polish police officer.

In the light of the abovementioned ruling, the Polish regulations are consistent with the European Convention on Human Rights regarding trade union rights of the law enforcement agents and do not infringe its freedom of association.

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