Injunctive relief of strike. Between effective judicial protection and the impairment of fundamental rights

Abstract

 On December 20, 2022, the Social Courts No. 10 and No. 39 of Madrid adopted injunctive relief of the strike at the Adolfo Suárez Barajas Airport. These decisions have reactivated the doctrinal interest in clarifying the legal admissibility of this type of measures that were introduced, for the first time, on May 14, 2015, by the social chamber of the Audiencia Nacional in relation to the paralysis of a strike declared within the Liga Nacional de Fútbol Profesional. The present study addresses the analysis of the enabling assumptions of injunctive relief and their possible concurrence in these cases, as well as the delimiting elements of the essential content of the fundamental right to strike to assess its eventual compatibility with them, subjecting to individualized critical judgment the different judicial resolutions that have adopted this type of measures.