ОТГОВОРНОСТ ЗА РАЗНОСКИ ПО ТРУДОВИ ДЕЛА – АКТУАЛНИ ПРОБЛЕМИ И ПРЕДИЗВИКАТЕЛСТВА
LIABILITY FOR COSTS IN LABOR DISPUTES – CURRENT ISSUES AND CHALLENGES

Author(s): Andrey Alexandrov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Court case, Administrative Law
Published by: Икономически университет - Варна
Keywords: liability for costs; gratuity of labor proceedings; attorney‘s fees; objection of excessiveness
Summary/Abstract: The analysis focuses on the current legal framework and the case law in relation to the award of costs in labor disputes. It examines the significance of the principle of „gratuity of labor proceedings“ for the employee. The analysis addresses issues related to the determination of attorney‘s fees, the application of Art. 78 of the Civil Procedure Code and the objections to excessiveness in the labor proceedings, particularly in the context of the CJEU Decision in case C 438/22. The main practical problems are outlined, and proposals are made to overcome them. The substantiated thesis is that it is incorrect and harmful to concentrate the discussion on attorney‘s fees on the interests of the legal profession, as it is not the one suffering the greatest negative consequences of the current situation. Firstly, in the search for fair solutions, the interests of the clients, on whose behalf and for the protection of whose rights and legitimate interests the legal proceedings are conducted, should be prioritized.

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