France reforms strike rules for air traffic controllers after year of turbulence

New rules governing air traffic controllers' right to strike in France were signed into law on Friday, marking the end of a turbulent year for the aviation transport sector.

In 2023 most of the EU's 67 air traffic controller strike days took place in France. © AFP / JULIEN DE ROSA

Airlines flying to and from European destinations have hailed the reform as an important first step in reducing disruption to millions of passengers following a year that saw dozens of French strike cause the cancellation of thousands of flights.

Under the new rules, airline staff performing duties "whose absence is likely to have a direct impact on the operation of flights" must individually declare their intention to strike no later than noon two days beforehand.

Up until now, air traffic control unions were required to give notice of strike action five days in advance to ensure a "minimum service", but strikers themselves did not have to declare their participation – unlike other employees in the sector.

This loophole provoked of excessive flight cancellations because the French Civil Aviation Authority could not provide reliable estimates of the number of controllers available for scheduled flights.

The amendment to the General Civil Service Code was rubber stamped by the Constitutional Council on 21 December after being adopted by Parliament on 15 November.

It was on Friday published in the Journal Officiel, the government's official gazette used to announce new laws and decrees.

2ème loi promulguée suite à mon initiative: loi du 28/12/2023 sur l'organisation de la navigation aérienne en cas de grève et à l'adéquation entre l'ampleur de la grève et le trafic. Des dispositions qui respectent le droit de grève et ceux des voyageurs https://t.co/SNSNPXbLkJ

— V.CAPO-CANELLAS (@Capo_Canellas) December 29, 2023

• Air France cancels more than half of flights as controllers strike

'Irresponsible' air strikes in 2023

Transport Minister Clément Beaune last week welcomed the law as essential progress for airlines and air travellers", while also respecting the right to strike guaranteed by the French constitution.

Beaune had earlier proposed a change in the framework for strikes by air traffic controllers, following an lightning strike that had taken hundreds of passengers by surprise in February at Paris's Orly airport during protests against pension reform.

The industrial action caused major disruption to air traffic in the first quarter of 2023, both in France and across Europe.

Over 11 million passengers were impacted by ATC strikes in Europe in 2023, causing significant travel disruptions. ✈️
The European Commission and Member States need to act to ensure passengers have a smooth and seamless journey in 2024. 🇪🇺 🎄 pic.twitter.com/WelGOa3U2x

— Airlines for Europe (A4E) (@A4Europe) December 21, 2023

A year of flight disruption 

This year most of the EU's 67 air traffic controller strike days took place in France.

"More than 4,000 flights were cancelled, 24,000 delayed and more than 11 million passengers to and from France – as well as those flying over the country – were affected," according to the main association of European air carriers, Airlines for Europe.

The association called for "an additional effort" to protect overflights of French territory.

• Chaotic summer for post-pandemic air travellers in Europe

The leading union representing air traffic controllers – the SNCTA – supported the new law because of the "unreasonable or irreconcilable" abuse of previous strike rules by other unions that had led to a "deterioration in the image of the profession".

The USAC-CGT – the third largest representative organisation of air traffic controllers and a critic of the SNCTA's "unprecedented stance" – described the reform as an attack on the right to strike, adding that it would be "unworkable and ineffective".