Dorssemont, Filip --- "How the European Court of Human Rights Gave us Enerji to Cope with Laval and Viking" [2011] ELECD 893; in Moreau, Marie-Ange (ed), "Before and After the Economic Crisis" (Edward Elgar Publishing, 2011)

Book Title: Before and After the Economic Crisis

Editor(s): Moreau, Marie-Ange

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849809924

Section: Chapter 14

Section Title: How the European Court of Human Rights Gave us Enerji to Cope with Laval and Viking

Author(s): Dorssemont, Filip

Number of pages: 20

Extract:

14. How the European Court of
Human Rights gave us Enerji to
cope with Laval and Viking
Filip Dorssemont

INTRODUCTION

The Life of Brian: In Search of a Right to Strike

In the autumn of 2008, the European Trade Union Institute and the Expert
group on Transnational Trade Union Rights took the decision to honour
the memory of the late Brian Bercusson by editing a book containing his
selected writings on Labour Law and Social Europe.1 Brian had founded
this expert group in 19992 and chaired it for nearly a decade until his death
in the summer of 2008. His selected writings consolidate and disseminate
an important part of his academic legacy. Brian's way to animate and
inspire the debate and his generous inability to say `no' to those seeking for
advice and academic co-operation corroborated his natural and invisible
authority to chair this group.
Though the selected writings cover a wide range of issues, it is interest-
ing to consider3 that the oldest as well as the most recent contributions
dwell on Brian's discomfort with the case law restricting the right to take
collective action. In `One Hundred Years of Conspiracy and Protection of
Property: Time for Change' (1977)4 the author criticised a decision of the


1 Unknown editor (2009).
2 The expert group at present is composed of Th. Blanke, N. Bruun (chair),
S. Deakin, F. Dorssemont, A.T.J.M. Jacobs, C Kollonay-Lehoczky, K. Lörcher,
B. Veneziani and C. Vigneau. ...