Posibilitatea de a contesta o clauză din contractul colectiv de muncă la nivel de unitate – monopol al sindicatului? Implicațiile Deciziei de inadmisibilitate pronunțată în cauza CEDO - Marinel Costuț c. României
The possibility of challenging terms contained under the collective bargaining agreement concluded at plant level - labour union monopoly? The implications arising from the inadmissibility decision delivered by ECHR - Marinel Costuț

Summary/Abstract: This study endeavours to provide an analysis of legal provisions adopted at international and national level, as well as relevant legal literature and case law, in order to determine the persons entitled to introduce an action in the nullity of the collective bargaining agreement. Concretely, I aim to establish whether trade unions have a monopoly in introducing actions in the nullity of the collective bargaining agreements or an employee, ut singuli, is entitled under the law to introduce such an action before the competent courts of law. The analysis has as a starting point the case Marinel Costuț v. Romania and its implications in connection with the employee’s possibility to introduce an action in the nullity of the collective bargaining agreement. In a nutshell, the study seeks to find answers to the following questions: 1. What are the implications that stem from the case Marinel Costuț v. Romania? 2. Is an employee, ut singuli, entitled to introduce an action in the nullity of the collective bargaining agreement before the competent courts of law? Do trade unions have a monopoly in this matter?

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