Tarifautonomie und Wirtschaftskrise

The tension which exists between state regulatory powers and social-autonomous regulation of the working conditions through collective arrangements has been discussed in Germany since the 1960s. The topic has once again become current with regards to the context of the financial and economic crisis which broke out in 2008/09. The European legislator reacted against the Euro crisis by enacting an extensive legislative package, which intensified the supervision and coordination of the economic policies of the EU member states. Through the implementation of the “European Stability Mechanism”, financial assistance was provided to the crisis-stricken countries under strict conditions. The requirements specified in Memoranda of Understanding included reforms of the labour market, which in the case of Greece being deeply in debt, have led to a profound reorganisation of the national collective bargaining system. Against this background, this paper examines, if the reforms of the Greek labour market, induced by the crisis, should be assessed on the basis of the fundamental Union rights. It should then be discussed in detail, if the measures in question are compatible with the European right to collective bargaining and action. The problem areas described may also be significant for German law, as the systems of collective arrangements in both EU member states are historically based on common principles and measures of value.