Funktionselemente der Koalitionsfreiheit nach Art. 11 EMRK.

In German literature, supposed structural requirements are often derived from decisions of the European Court of Human Rights (ECtHR) regarding Article 11, paragraph 1, sentence 2 of the European Convention on Human Rights (ECHR). However, the practice of the ECtHR is different. The ECHR serves as a subsidiary safety net: it ensures that member states do not deviate downwards but does not impose a top-down matrix structure on them. The Court develops guidelines from Article 11 ECHR for the design of collective relationships based on essential functional elements. These functional elements reflect what member states consider essential for the operability of a collective system. An analysis of the ECtHR's case law shows how guidelines can be developed and what limits must be observed in the process. A specific guideline only arises from Article 11 ECHR when the effective pursuit of the coalition's purpose is no longer possible. In this context, there is considerable leeway for member states in how they design their systems.