NEGATIVE FREEDOM OF ASSOCIATION

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AUSTRIA
NEGATIVE FREEDOM OF ASSOCIATION
NEGATIVE KOALITIONSFREIHEIT

Prevailing legal opinion takes the view that the guarantee of the (positive) freedom of association by Article 12 of the 1867 Basic Law (Staatsgrundgesetz) and Article 11(1) of the 1950 European Convention on Human Rights includes a guarantee of the negative freedom of association, reasoning that freedom to form and join a collective interest organization is inconceivable without freedom not to join one. The right not to belong to any (or a particular) union is, in any event, protected on straightforward legal bases, and in particular the provisions of the 1930 Anti-Intimidation Act (Antiterrorgesetz), which among other things prohibited the closed shop.


Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.