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

Publication: Chapter in book/Conference proceedingChapter in edited volume

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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.
Original languageEnglish
Title of host publicationNew developments in EU labour, equality and human rights law
Editors Mario Vinkovic
Place of PublicationOsijek
PublisherUniversity of Osijek
Pages11 - 36
Publication statusPublished - 2015

Austrian Classification of Fields of Science and Technology (ÖFOS)

  • 505001 Labour law
  • 505017 Comparative law
  • 505020 Social law

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