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• Luxembourg v Strasbourg – Legal Impediments in the Process of the Accession of the EU to the ECHR

  101-119

  Zoltán Angyal

  Lilla Nóra Kiss

  Views:

  149

  The accession of the European Union (EU) to the European Convention on Human Rights (ECHR) has been on the agenda of the EU for long. Although the Lisbon Treaty settles this question in theory by obliging the EU to accede, the European Court of Justice (ECJ) resorted to its rights laid down in the Treaties and published its Opinion 2/13 on the matter by the full Court. This opinion scrutinizes the draft document concerning accession. According to the opinion the EU cannot accede to the ECHR in the present form because the draft document is not in compliance with the special characteristics and features of EU law, therefore it would require the amendment or reorganisation of the whole EU legal system. By this judgement the ECJ outlines the legal impediments in the way of the accession. The main objective of our article – after summarizing the brief history and legal framework of the accession – is to present and evaluate the critical elements of accession determined by the ECJ and predict the decision’s possible consequences.

• Legitimacy and Competency Issues regarding the Labor Unions and the Works Councils

  65-80

  Áron Péter Balogh

  Views:

  179

  The study focuses on the separation of two classical institutions of collective labour law: the labour unions and the works councils. Traditionally, labour unions are associations intended to represent and protect the collective interests of workers; works councils are units that exercise the workers’ participation rights, and are mechanisms where the employees can influence the decisions of the employer at the workplace. The distribution of traditional union and works council authorities, however, is not that obvious, especially from a practical point of view. The study strives to highlight those areas where the unions and the works councils appear as opposing parties, especially focusing on works agreements with normative power, from a practical and an international comparative perspective, and to offer solutions de lege ferenda.