Does the Civil Society Concept Exclude the Possibility of Lockout? Considerations upon the Basis of the Polish Constitution from 1997 and the Standards of the Council of Europe and European Union
- Institution: Adam Mickiewicz University in Poznan
- Year of publication: 2017
- Source: Show
- Pages: 171-184
- DOI Address: https://doi.org/10.15804/ppk.2017.06.11
- PDF: ppk/40/ppk4011.pdf
One of the most crucial principles of democratic regime is the concept of civil society. The implications of such concept are also visible within the area of labour law as the right to strike has been perceived as its core element. The primary purpose of the presented article is to consider whether the application of the doctrine of civil society automatically disables for a recognition of lockout for the employers’ organizations within the Polish legal system as well as international standards. The presented paper will mainly rely upon the legal dogmatic analysis of the provisions of Polish Constitution from 1997 and international regulations. The author will also use the elements of the comparative analysis between Polish standards amd norms enacted by the Council of Europe and the European Union. The innovative approach of the paper is the complex analysis of the Polish solutions from the intenational perspective in terms of equality between labour and the capital.