Resolution CM/ResDH(2007)6[1]
Execution of the judgment of the European Court of Human Rights
Sørensen and Rasmussen against Denmark
(Application No. 52562/99, judgment of 11 January 2006)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which sets forth the Committee's duty to supervise the execution of final judgments of the European Court of Human Rights (hereinafter referred to as “the Convention” and “the Court”);
Having regard to the final judgment in this case, transmitted by the Court to the Committee on 11 January 2006;
Recalling that the violation of the Convention found by the Court in this case concerns the absence of the right of employees not to become a member of a trade union, i.e so-called closed-shop agreements between employers and trade unions (Article 11), (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with Denmark's obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state had paid the applicants the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing, similar violations;
Having examined the measures taken by the respondent state to that effect, the details of which appear in the Appendix;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and DECIDES to close its examination.
Appendix to Resolution CM/ResDH(2007)6
Information about the measures to comply with the judgment in the case of
Sørensen and Rasmussen against Denmark
Introductory case summary
This case concerns a violation of the applicants' freedom of association due to the obligation imposed on them by their employer at the moment of their recruitment to join a particular trade union which had concluded a “closed-shop” agreement with the employer (violation of Article 11).
The first applicant was dismissed from his summer job for refusing to join the union in question, even though he was obliged by his employment contract to do so. The second applicant joined the union, but objected to compulsory membership.
The European Court found that this compulsion struck at the very substance of the freedom of association guaranteed by the Convention. It further found that no fair balance had been struck between the applicants' interests and the need to ensure that trade unions are able to strive to protect their members' interest. Accordingly, the respondent state had failed in its positive obligation to protect the applicant's negative right to trade union freedom.
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Name
Pecuniary damage
Costs and expenses
Total
Sørensen
2 000 €
33 698 €
35 698 €
Rasmussen
37 678 €
37 678 €
Total
2 000 €
71 376 €
73 376 €
b) Individual measures
Neither applicants is still working for the same employer or obliged to be a member of a trade union. Thus no individual measure is called for.
II.General measures
Following the judgment, the government tabled a bill on 2 February 2006 amending the Act on protection against dismissal due to association membership. According to this bill, a person's affiliation to a union or non-membership of a union must not be taken into account in a recruitment situation or in connection with dismissal. The bill extends the negative freedom of association, i.e. the right not to be a member of a union. As a consequence of the bill, any closed-shop agreements contained in collective agreements will be null and void and may not be concluded in the future. The bill was enacted by the Danish Parliament and entered into force on 29 April 2006.
Furthermore, the authorities indicated that the judgment received massive press coverage in Denmark. The Ministry of Employment issued a press release on its Internet site with links to the judgment. In addition, the judgment has been published in a national law journal (EU-ret & Menneskeret) in May 2006.
The government considers that the measures adopted prevent new similar violations of the Convention and that Denmark has thus complied with its obligations under Article 46, paragraph 1, of the Convention in the present case.
[1] Adopted by the Committee of Ministers on 28 February 2007 at the 987th meeting of the Ministers’ Deputies
Full & Egal Universal Law Academy