00:00In fact, civil servants had participated in a strike even though no law had yet specifically organized the conditions of
00:05'Exercise of the right to strike in public services.
00:08The Minister of the Interior had asked the prefect to take the necessary measures to ensure the continuity of services
00:13public.
00:14Sanctions were taken against some striking employees.
00:17Legal issue. In the absence of a law regulating the right to strike for civil servants, can the administration...
00:22to determine the conditions of operation in order to ensure the continuity of public service?
00:27Solution. The Council of State recognizes that the right to strike is guaranteed by the preamble to the Constitution of
00:321946.
00:34However, this right must be reconciled with the principle of continuity of public service.
00:39In the absence of sufficient legislative regulation, the head of department can therefore regulate the exercise of the right to strike.
00:45Scope. De N is a major ruling because it shows that the administrative judge directly uses a constitutional norm to
00:51to control the administration.
00:53It also illustrates the technique of reconciling two principles of constitutional value: the right to strike and continuity.
00:59of the public service.
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