The legal nature of Art. 30 CFREU - A human right, a fundamental right, a right?

Kovacs, Erika (2015) The legal nature of Art. 30 CFREU - A human right, a fundamental right, a right? In: New developments in EU labour, equality and human rights law. University Osijek, Osijek. pp. 11-36. ISBN 978-953-8109-04-1

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Abstract

The article provides for an analysis of the legal nature of Article 30 of the Charter of Fundamental Rights of the European Union, which declares "the right to protection against unjustified dismissal". In the focus of attention is the question, whether this right constitutes a human or a fundamental right or it is a right without the status of being fundamental or alternatively only a basic principle. The considerations are based on the legal theory of human rights and particularly social rights, as well as on the understanding of this right in the various international treaties and the constitutional traditions of the Member States. Furthermore, the article addresses the question of implementation of Article 30 in the national laws, scrutinizes the interpretation of Art. 51 Abs 1 of the Charter and highlights the deficiencies and possibilities. Also the image of this right mirrored in the European Union's law and the case law of the Court of Justice of the European Union is examined.

Item Type: Book Section
Keywords: human rights; fundamental rights; dismissal law; the Charter of Fundamental Rights of the European Union
Divisions: Departments > Privatrecht
Version of the Document: Published
Depositing User: Gertraud Novotny
Date Deposited: 22 May 2019 14:05
Last Modified: 22 May 2019 20:27
Related URLs:
FIDES Link: https://bach.wu.ac.at/d/research/results/83438/
URI: https://epub.wu.ac.at/id/eprint/6968

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