| Abstract [eng] |
Right to Strike in the Lithuanian and International Court Practice This thesis analyses Lithuanian and international case law as well as standards, developed by international bodies when dealing with labor law cases (disputes) and determining legality of labour strikes. Analysis of Lithuanian judicial practice, developed during 2003 - 2017, reveals the main points of its interpretation and issues that arise with regard to the right to strike ant its various aspects. The overview of the most significant international cases, regarding the right to strike and its aspects, is also provided. This thesis deals with evaluation and issues of both national and international case law. Analysis of Lithuanian case law is mainly based on cases adressed by the Court of first instance. Appellate and cassation instances are also evaluated. With regards to international judicial practice, this paper is mainly focused on the European Court of Human Rights and the International Labour Organisation Freedom of Association and Expert committees’ standards and interpretations. This thesis consists of three main parts. The first part discusses the concept of the right to strike in Lithuanian and international law while providing an overview of the most important international documents as well as principles, developed by international organisations and national legislation. The second part reveals the implementation and evaluation of the right to strike in international and Lithuanian case law, focusing on legitimate aims of the strike as well as its procedural requirements. The third part refers to the limitation of the right to strike and assessment of its legitimacy. |
