ABSTRACT
Public servants enjoy the same human rights as everyone else and, therefore, have the right to join trade unions and political parties, as defined in Article 11 of the European Convention on Human Rights. Membership in a trade union is an essential prerequisite for determining working conditions. Membership in a political party, on the other hand, is an important component of freedom of expression. However, the exercise of the right to membership is subject to certain restrictions for members of the public service in order to protect its functioning and to maintain confidence in the neutrality and the equal treatment of all persons. This chapter examines the material scope of Article 11 ECHR and, drawing on the case law of the European Court of Human Rights, identifies a framework for possible restrictions.
