Police initiate legal proceedings to claim the right to strike

The Jupol union, which represents a majority of National Police officer, together with CSIF, with representation in the local police forces, and SIPE for the Ertzaintza, have initiated judicial proceedings so that the courts recognise the right to strike for the police officers as other forces have safety in the Netherlands, Belgium, Sweden, Norway, and Slovenia.

The three unions, led by Jupol, have taken the first step to explore this historic claim with the filing of an appeal by a national police officer before the seventh section of the Contentious-Administrative Chamber of the Superior Court of Justice of Madrid, which has admitted the case for processing.

As the lawyers from the law firm Lara Peláez y González Abogados explained at a press conference, the claim is based on the fact that the right to strike is a fundamental right that is not limited in the Constitution but is limited in three organic laws: that of 1986, that regulates the security forces and bodies; that of 2010 on the disciplinary regime and the Law of Personnel of the National Police of 2015.

In these three norms, the lawyers have exposed, it is prohibited that the police can declare or go on strike, nor that they can be financially compensated for the loss of that right.

“It is our duty to fight to have this right and to have the same legal tools of pressure as the rest of the workers”, defended the general secretary of Jupol, Aarón Rivero, who has criticised “the null” effectiveness of the ways that police unions currently have in front of the Administration.

For this reason, they consider that three laws of “lower rank” cannot infer into a constitutional and therefore superior right, which is also available to other essential groups such as health workers, judges or prosecutors, as they will explain in the future lawsuit after the opening of the procedure.

A demand that the legal cabinet is already preparing and that will be accompanied by a legal opinion prepared in October 2021 by the professor of Constitutional Law Juan Carlos Cano Bueso who argues that the suppression of a fundamental right by law “is unconstitutional”, even if it is in a future subject to limitations on its exercise such as high minimum services.

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