Human Rights Court
Ban on strikes for civil servant teachers is legal
The judgments of the European Court of Human Rights are binding on states. photo
© Sebastian Willnow/dpa
Civil servant teachers are not allowed to strike. This remains the case even after a ruling by the Court of Human Rights. Trade unions still see the ruling as a work order for the federal and state governments.
The ban on strikes for civil servants According to a ruling by the European Court of Human Rights (ECHR), teaching in Germany is legal. The judges in Strasbourg said that the Federal Republic had not violated the right to freedom of association.
A general ban on strikes for all civil servants raises human rights issues, but there are still enough opportunities for civil servants and unions to effectively advocate for their professional interests. The fines imposed would therefore be within the state’s discretion.
Three teachers and one teacher from Germany had sued. They went on strike in 2009 and 2010 for better working conditions. But since they were civil servants, they were not allowed to stop working. Because of this, disciplinary measures were taken against them.
“Give and take”
According to the Federal Statistical Office, around 665,000 civil servants were employed at German schools in mid-2022. Unlike employees, they are not allowed to strike because civil service in Germany is based on the principle of “give and take”. Civil servants have a duty of loyalty to the state to ensure that the state remains capable of functioning, even in times of crisis. In return, the state has an obligation of “care” towards the civil servants. Civil servants have lifelong employment and must be paid appropriately. Trade unions argue, however, that there is a human right to collective bargaining to fairly negotiate working conditions.
Before the case ended up in Strasbourg, it had already occupied German courts, including the Federal Constitutional Court. This confirmed the ban on strikes for civil servants in 2018. The civil service relationship is based on a reciprocal system of rights and duties, and that does not allow for “cherry picking,” it was said at the time.
The ECHR now largely followed this. German civil servants could form and join trade unions and public service unions would have a legal right to participate in the drafting of service regulations. Therefore, civil servant teachers could participate in determining working conditions despite the ban on strikes. Furthermore, the disciplinary measures imposed on the plaintiffs were not serious and had a specific aim: to guarantee the right to education.
In addition, teachers do not have to be civil servants, but can work as employees in which they are allowed to strike, according to the judges. The Federal Ministry of the Interior welcomed the verdict.
Reactions to the verdict
The GEW education union, which supported the teachers in the lawsuit, spoke of a “disappointing decision”. Nevertheless, the judgment suggests approaches to further developing civil service law in Germany. These would now have to be examined and evaluated in detail. “The ECHR ruling is an invitation to the federal and state governments to sit down at the table with the public service unions and talk about the democratic development of civil service law in Germany,” said GEW chairwoman Maike Finnern.
The civil service association dbb, however, welcomed the verdict: The GEW had turned against the clear assessment of the highest German court for purely dogmatic reasons and tried to provoke a conflict over the constitution at the European level.
The European Court of Human Rights, based in Strasbourg, France, is part of the Council of Europe and is independent of the EU. The Council of Europe and the Court of Justice are committed to protecting human rights in the 46 member states. The Court’s rulings are binding on states.