La continuidad de los servicios jurídicos en la Administración ante una huelga de fiscales y abogados del Estado: la experiencia de Quebec

Abstract

Judges’ right to go on strike has been deeply discussed in recent times, yet a common position has not been reached till now. The same issue regarding state prosecutors and lawyers is, however, mostly ignored by Spanish scholars, although such public employees share some traces in common with judges and would also deserve a specific approach. From a comparative law point of view, this paper presents the legal strike that shook Quebec’s Ministry of Justice in 2011 and led to a large scale shutdown in its overloaded criminal and administrative court system. The strike had important juridical effects, with the adoption of several special laws and constitutional appeals, and echoes on other groups also specially subordinated to Public Administration, whose right of strike is as well controversial while other fundamental rights turn out to be equally affected.