Issue 1/2024 of the HSI Report on European Labour and Social Security Law has now been published. It presents an overview of the current proceedings and the new judgments before the CJEU and the ECtHR. The report covers the period from January to March 2024.
The first quarter of 2024 brought some notable decisions. Of particular interest is the decision in Case C-715/20 – K.L. on the obligation to notify the employee of the reason for termination in the case of employment relationships that have been fixed-term under Polish law. In this case, the Grand Senate further developed the doctrine of the direct effect of a Directive concerning employment relationships in the private sector by attaching great importance to the right to effective legal protection (Art. 47 CFR). Another case deals with the questions of whether the constitutional right to access on equal terms to public office can be used as a defence against the termination of a fixed-term contract as a consequence of a faulty fixed-term contract (C-59/22 and others – Conserería de Presidencia and Others).
The ECtHR rulings concern the question of whether men are unjustifiably disadvantaged if the parental allowance is unfavourable to them (No. 15284/19 – B.T. v. Russia). In the Diaconeasa case (No. 53162/21), the Romanian state withdrew the support of a personal assistant from a woman in need of care, referring to existing family support.
Please find the report with open access to everyone under the following link: Report on European Labour and Social Security Law - Hugo Sinzheimer Institute for Labour and Social Security Law (HSI) of the Hans-Böckler-Foundation (hugo-sinzheimer-institut.de).