The Impact of the European Court for Human Rights on Protection of Human Rights of Workers in Serbia Cover Image

Утицај Европског суда за људска права на заштиту људских права радника у Србији
The Impact of the European Court for Human Rights on Protection of Human Rights of Workers in Serbia

Author(s): Dejan Pavlović
Subject(s): International Law, Human Rights and Humanitarian Law, Labor relations, EU-Legislation
Published by: Институт за политичке студије
Keywords: human rights; labour disputes; European court for human rights; rule of law; reasonable length of the judicial proceedings

Summary/Abstract: This paper presents the analysis of the impact of the ECHR jurisprudence on the judicial protection of workers’ human rights in Serbia. There are considerations of the institutional deficiencies, legal and socio-economic context, and the fundamental problems the workers face with. The analysis is followed by pointing out the capacity and success of the ECHR in overcoming the systemic problems of the Council of Europe member states. The focal points are the right to fair trial in a reasonable time and right to property, as the greatest challenges before the Serbian institutions. Assessment of the available Rule of Law indicators, primarily material and procedural preconditions for respect of the workers’ human rights, leads to conclusion that existing reform measures produce limited effects, with insufficient consolidation of the institutions. ECHR has considerable potential to positively influence the level of respect for workers’ rights, particularly those affiliated to the human rights guaranteed by the Convention. The paper provides the overview of the most notable achievements in member states of the Council of Europe. There are theoretical foundations for the impact of ECHR as supranational law to the national legal order of Serbia, in line with the Fairness doctrine, rational choice or managerial model. However, the conclusion is that we can not verify such an impact in practice, due to systemic problems in the realm of the Rule of Law.

  • Issue Year: 2017
  • Issue No: 2
  • Page Range: 281-301
  • Page Count: 21
  • Language: Serbian