97
b)
Law 25 refers to individuals, not to collective workers’ organisations,
and the administrative sanctions that it imposes are not aimed against those
who exercised legitimately the freedom of association, but against those who
participated in the organisation, convocation or implementation of actions
that attempted against democracy and the constitutional order;
c)
there is no evidence that proves that the 270 workers were dismissed
from their positions for belonging to a trade union organisation;
d)
the right to strike is not a part of the right to associate. As a right of
the workers, the strike may be called by them only subject to vote at the
general assembly; and
e)
the collective work stoppage was a “savage stoppage” or “militant
stoppage,” outside the bounds of the law. This type of work stoppage is a
justified cause for dismissal, since it lies on the margin of legallity, and since
it implies the abandonment or interruption of the work by the worker. The
stoppage may not be legally qualified as merely an unjustified absence on a
working day.
*
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Considerations of the Court
153.
Article 16 of the Convention points out that:
1.
Everyone has the right to associate freely for ideological, religious,
political, economic, labor, social, cultural, sports, or other purposes.
2.
The exercise of this right shall be subject only to such restrictions
established by law as may be necessary in a democratic society, in the
interest of national security, public safety or public order, or to protect public
health or morals or the rights and freedoms of others.
3.
The provisions of this article do not bar the imposition of legal
restrictions, including even deprivation of the exercise of the right of
association, on members of the armed forces and the police.
154. In the instant case, the State permanently maintained that freedom of
association was never hampered, and that, on the occasion of the December 5,
1990, work stoppage, the measures adopted were taken because the stoppage
attempted against democracy and the constitutional order. In any event, it is up to
the Court to analyse whether or not freedom of association was violated by the
State.
155.In the first place, it must be reiterated that Article 1 of Law 25 stipulated that:
In order to preserve the constitutional order, authorisation is hereby granted to the
Executive Branch and to the directors of autonomous and semi-autonomous institutions,
State enterprises, municipal enterprises, and other public entities of the State to declare
non subsistent the appointments of those public servants who took part and who may
take part in the organisation, convocation or implementation of actions that attempt
against democracy and the constitutional order, whether or not they hold positions on
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