Facts
The case concerns the decision of the State Council of the Canton of Ticino to ban trade unions from accessing public administrative buildings, unless prior authorization is granted. The Swiss Union of Public Service Employees (SSP/VPOD) appealed this decision to the Cantonal Administrative Court, which rejected the appeal. The SSP/VPOD then filed a public law appeal with the Federal Court.
The State Council of the Canton of Ticino had justified its decision on the need to ensure the normal daily activity of the staff of the Cantonal Administration and the necessary discretion regarding data and documents present in the offices. However, the Federal Court established that the ban on trade unions accessing public administrative buildings constitutes a serious restriction of trade union freedom and is not proportionate.
Considerations
Trade union freedom is guaranteed by Art. 28 of the Swiss Federal Constitution and includes the right to form trade unions, to join them and to carry out trade union activities. Trade union freedom is also protected by international law, in particular by ILO Conventions No. 87 and 98.
The right of access to workplaces is an essential component of trade union freedom, as it allows trade unions to carry out their activities and maintain contact with workers. However, the right of access is not absolute and may be limited by public interests or public order requirements.
The Federal Court's decision established that the ban on trade unions accessing public administrative buildings constitutes a serious restriction of trade union freedom and is not proportionate. The Federal Court also emphasized the importance of finding a…