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Rodgers2018_Article_StateImmunityAndEmploymentRela.pdf (665.61 kB)

State immunity and employment relationships before the European Court of Human Rights

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journal contribution
posted on 2019-07-15, 11:13 authored by L Rodgers
This article considers challenges to state immunity under Article 6 ECHR (the right to a fair trial) in relation to employment disputes. It is argued that the development of the adjudication of these disputes in the ECtHR has been positive for Applicants, with the Court willing to find that state immunity is not a proportionate response in the context of Article 6. However, it is also argued that there are a number of tensions which exist in the adjudication of these disputes, and these tensions are only increasing with the more ‘progressive’ findings of the Court.

History

Citation

ERA Forum (2019) 19: 537. https://doi.org/10.1007/s12027-018-0529-0

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/Leicester Law School

Version

  • VoR (Version of Record)

Published in

ERA Forum (2019) 19: 537. https://doi.org/10.1007/s12027-018-0529-0

Publisher

Springer Verlag

issn

1612-3093

eissn

1863-9038

Copyright date

2018

Available date

2019-07-15

Language

en

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