The denial of the National Courts regarding the claims on salary rights provided in the collective labour contract. Arbitrary solutions. Violation of the right to a fair trial. ECHR judgement in the case Lazarević v. Bosnia and Herzegovina Cover Image
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Respingerea pretenţiilor privind drepturi salariale prevăzute în contractul colectiv de muncă de către instanţele naţionale. Soluţii arbitrare. Încălcarea dreptului la un proces echitabil. Hotărârea CEDO în cauza Lazarević contra Bosnia şi Herzegovin
The denial of the National Courts regarding the claims on salary rights provided in the collective labour contract. Arbitrary solutions. Violation of the right to a fair trial. ECHR judgement in the case Lazarević v. Bosnia and Herzegovina

Author(s): Răzvan Anghel
Subject(s): Human Rights and Humanitarian Law, Court case, Labour and Social Security Law
Published by: Editura Rosetti International
Keywords: collective bargaining agreement; severance pay; bonus; food allowance; bonuses and gifts;

Summary/Abstract: In its judgment from the 14th of January 2020, in the case of Lazarević v. Bosnia and Herzegovina, the ECHR examined the violation of the right to a fair trial by pronouncing arbitrary and manifestly unfounded judgments, which lead to the violation of the very right of access to a court. The issue is a delicate one regarding the boundary between the jurisdiction of national courts and the jurisdiction of the European Court of Human Rights, which cannot be turned into a fourth instance of judicial review.

  • Issue Year: 2020
  • Issue No: 3
  • Page Range: 3-5
  • Page Count: 3
  • Language: Romanian
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