全部 标题 作者
关键词 摘要

OALib Journal期刊
ISSN: 2333-9721
费用:99美元

查看量下载量

相关文章

更多...
-  2018 

Effective international enforcement of employee rights? Challenging Hungarian ‘unorthodox’ laws

DOI: 10.1177/2031952518763826

Keywords: International courts,employment law,termination of employment,compulsory retirement of judges,tax on severence pay,private pension funds,Hungary

Full-Text   Cite this paper   Add to My Lib

Abstract:

International courts have become a crucial element of protecting employee rights in recent decades. The ‘unorthodox’1 measures of the Hungarian Orbán government have provided a unique opportunity to test the effectiveness of international courts, since these national measures have been defying various legal principles in general, but in particular in the field of employment, since acquiring a two-thirds parliamentary majority in 2010. The article analyses the most important of these employment laws, their objectives, problematic legal nature and the responses of the Hungarian Constitutional Court (hereinafter CC), the Court of Justice of the European Union (hereinafter CJEU), and the European Court of Human Rights (hereinafter ECtHR).2 Are these national and international courts able to ensure effective protection against such policies when they adversely affect workers’ fundamental rights, and if so, on what legal basis? Conclusions regarding unorthodox employment laws, such as termination without cause, the compulsory retirement of judges, a retroactive 98% tax on severance pay, and/or the nationalisation of private pension funds, might be useful to other countries with similar legislative tendencies. The article focuses on the question of whether international courts are able to block and efficiently remedy such national measures and tendencies in employment law

Full-Text

Contact Us

service@oalib.com

QQ:3279437679

WhatsApp +8615387084133