Compilation of decisions of the Committee on Freedom of Association

Right of organizations to elect their representatives in full freedom7

Challenges to trade union and employers organizations elections

1. Measures taken by the administrative authorities when election results are challenged run the risk of being arbitrary. Hence, and in order to ensure an impartial and objective procedure, matters of this kind should be examined by the judicial authorities.

1. Power to suspend or cancel elections should be given only to an independent judiciary, which alone can provide sufficient guarantees of the right to defence and due process.

1. In order to avoid the danger of serious limitation on the right of workers to elect their representatives in full freedom, complaints brought before labour courts by an administrative authority challenging the results of trade union elections should not pending the final outcome of the judicial proceedings have the effect of suspending the validity of such elections.

1. In cases where the results of trade union elections are challenged, such questions should be referred to the judicial authorities in order to guarantee an impartial, objective and expeditious procedure.

1. In order to avoid the danger of serious limitations on the right of workers to elect their representatives in full freedom, cases brought before the courts by the administrative authorities involving a challenge to the results of trade union elections should not pending the final outcome of the proceedings have the effect of paralysing the operations of trade unions.

1. The presence of international observers in a disputed voting procedure is not contrary to the principles of freedom of association.