Вид на акта
искане
Дата
01-01-1970 г.
Към дело
/

DECISION No. 14 OF SEPTEMBER 24, 1996 ON CC No. 15/96

Motion by the President of the Republic of Bulgaria asking for a binding interpretation of the provision of Art. 50 of the C. in relation to the possibility to deprive by a law definite categories of workers and employees of the right to go on strike. Also he challenged the constitutionality of Art. 16 items 4 and 6 of the Law on the Settlement of Collective Labour Disputes (DV, No. 21/1990, amended No. 27/1991). The laws challenged do not allow strikes in the power generation, power transmission and power supply sectors; telecommunications; public health; the Ministry of Defence and the troops of the other ministries; the court, prosecution and investigating authorities.
The Constitutional Court ruled that the right to strike is a fundamental constitutional right of industrial and office workers. As such it shall be irrevocable by a law or another statutory act - Art. 57 para 1 of the C.
However, it is inadmissible to exercise this right when it can constitute a real, immediate and apparent threat to the life, security and health of the whole nation or part of it - Art. 57 para 2 of the C.
On the basis of this interpretation the Constitutional Court rejected the challenge of the President of the Republic of the anticonstitutionality of Art. 16 items 4 and 6 of the Law on the Settlement of Collective Labour Disputes (DV, No. 21/1990, amended, No. 27/1991).