ŠALIŲ BYLINĖJIMOSI IŠLAIDŲ (NE)ATLYGINIMAS NAGRINĖJANT DARBO GINČUS IKITEISMINE TVARKA
NON-COMPENSATION OF LITIGATION COSTS IN PRE-TRIAL RESOLUTION OF LABOUR DISPUTES

Summary/Abstract: The state, having created a monopoly on enforcement of justice, namely the examination of legal disputes in courts, simultaneously creates other effective means of protection of substantive legal relations. One of them is the assignment of such disputes to other institution for the hearing of the dispute in a pre-trial procedure. The pre-trial procedure may be mandatory or optional. When the pre-trial procedure is mandatory, a person seeking to defend his potentially violated subjective rights must first use it and only then acquire the right to apply to court (presumption of the right to access to court). As in any dispute resolution institution, when resolving such disputes in a mandatory pre-trial procedure, the parties may incur litigation costs. Then a reasonable question arises regarding the (non) compensation of such costs. This article examines the problems of (non)compensation of litigation costsincurred in the labor dispute commission, which is required to examine labor disputes in a pre-trial procedure. According to the pre-trial labor dispute resolution model established in Lithuania, the litigation costs incurred by the parties in such a process are not compensated (distributed). Though such a rule is recognized as justified in case law, and the constitutionality of the relevant norm has been verified in the constitutional procedure, the article examines whether such formed case law and the latest position of the Constitutional Court of the Republic of Lithuania are (in)compatible with the effective protection of the rights of participants in violated labor relations. It is analyzed whether such a rule of (non)compensation of litigation costs may unreasonably limit the possibilities of participants in labor legal relations to effectively defend their violated rights.

• Details
• Contents