l bilanciamento tra le libertà economiche e i diritti sociali collettivi operato dalla Corte di Giustizia è un contemperamento tra diritti equiordinati?* = The balance between economic freedoms and collective social rights and actions; Court of Justice is a choice between rights equiordinati? Actions by the Court of Justice. WP C.S.D.L.E. “Massimo D’Antona”.INT – 98/2012

In the Viking and Laval judgments and more recently in the Comm. v. Germany ruling, the Court of Justice applied the proportionality test to collective rights, setting a series of restrictions to the exercise of the right to strike and the right to collective bargaining. The way the ECJ balances the economic freedoms and the social rights is indeed very different from that of the Italian Constitutional Court. Unlike the European Union Treaties, the Italian Constitution recognizes an important role to the right to take collective action which has to be connected with article 3, paragraph 2, consequently the right of strike is more protected than the exercise of economic freedoms.

The European Court of Justice blocks the EU’s accession to the ECHR. CEPS Commentary, 8 January 2015

The goal of accession to the European Convention of Human Rights (ECHR) is to place the EU under the external oversight of the specialised court in Strasbourg. But in its Opinion of 18 December 2014 the Luxembourg-based European Court of Justice ruled that the draft accession agreement is not compatible with the EU treaties. In this commentary the authors argue that this would force EU member states to renegotiate the terms of accession to the ECHR. But meeting the demands made by the Court of Justice will prove to be very difficult.