Abstract: This study aims to reveal some practical controversial aspects concerning the appliance of the legal provisions referring to the right of the union trade to act for the protection of individual rights of its members. It is centered on national judicial solutions pronounced on this theme, with special view on the international jurisprudence concerning the freedom of association. From this point of view, this study tries to emphasis the direct link between procedural means established by law in favor of union trades and the imperative of the full exercise of freedom of association. For that reason, any procedural impediment concerning the right of action of the union trade represents also an infringement of the freedom of association.

Keywords: union trade, freedom of association, right to action, retired workers, dismissed or unemployed workers