Freedom of association and restrictive regulation in the collective agreement of the flow of union information through the company's digital media. Is a right to censorship legitimate?

Commentary on the Ruling of the Supreme Court 1339/2024, of December 11

Abstract

Circulation of information and the free expression of opinions are part of the essential content of freedom of association. And the use of digital tools available in the company as a means of
communication and transmission of information of interest is a right stated since Ruling
of the Constitutional Court 281/2005. Although it is also constitutionally legal to subject this employment to certain conditions, such as that it is a harmless use, that it does not entail a burden on the company, and that the rules and limits that could have been established are respected. Companies and collective bargaining provide codes, protocols and rules of use. The Supreme Court is once again trying to resolve a contentious case.