| Abstract [eng] |
SUMMARY The Right to Strike: the Jurisprudence of International and National Courts Patricija Augustina Jatautytė This master‘s thesis analyses the right to strike and its regulation in international and Lithuanian law, with particular attention given to the legal framework in Lithuania. The topic is examined through both a historical analysis of the development of the right to strike and a review of international and Lithuanian legal acts and case law in the context of the right to strike. The paper also explores the role of international law in shaping the regulation of the right to strike, highlighting key international documents such as the International Covenant on Economic, Social and Cultural Rights, the European Convention on Human Rights, as well as the conclusions and interpretations issued by bodies of international organizations, such as the Committee on Freedom of Association. The analysis covers the main provisions of the Lithuanian Labour Code regulating the right to strike and the case law of Lithuanian courts, aiming to identify specific features of legal regulation related to the implementation of this right. Based on the Labour Code – the principal legal act governing employment relations – and other relevant legislation, the concept of the right to strike, the entities entitled to call a strike, and the procedures for declaring a strike are discussed. Furthermore, by analysing court decisions, the thesis examines the concept of a strike, its objectives, and the evaluation of strike procedures from the perspective of legality, in order to determine how these aspects are interpreted and applied in jurisprudence. Following a thorough analysis of international and Lithuanian law, the thesis presents key aspects of Lithuanian labour law that hinder the effective implementation of the right to strike and offers proposals for improving the provisions of the Labour Code to ensure more effective regulation of this right. |
