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This chapter examines the right to strike in Europe. It explains how member states diverge significantly in their recognition of the right to take industrial action and argues that the recent expansion of EU law in the field, with judicial recognition of a right to strike, has produced a challenge of ineffectiveness, since a ceiling for the protection of the right to strike has been introduced at EU level to secure the functioning of the common market. From the perspective of comparative law, the chapter contrasts the European dynamics with the experience of the United States and stresses how historically the interaction between state labor laws and federal free market rules produced the same tensions in the United States. Drawing cautionary tales from the example of the US New Deal, it discusses how EU legislative reform could increase the effectiveness of the right to collective labor action in the EU.
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