Constitutional protection of the right to strike against technological stripping

Commentary on Constitutional Court Ruling 24/2026, of March 12

Abstract

Constitutional Court 24/2026, issued in connection with the strike called at the Seville Metro, is particularly relevant for defining technological strikebreaking within the framework of the fundamental right to strike. The ruling examines whether the use of double trains during periods covered by minimum services constituted a legitimate exercise of the company's organizational powers or a constitutionally unlawful interference. The Constitutional Court concludes that the company's conduct violated the right to strike by significantly diminishing the pressure, visibility, and effectiveness of the conflict. The ruling highlights the doctrinal debate raised by the dissenting opinions. Furthermore, from a critical perspective, it can be argued that the case fits more accurately into the category of organizational strikebreaking than technological strikebreaking.