Donets V. Application of the case law of the European Court of Human Rights (ECtHR) in public service disputes, dismissal from the public service
The article is devoted to the case law of the ECtHR as of the violation of the applicants’ labor rights and the application of the provisions of the European Convention on Human Rights to such legal relations. Specific examples are focused on the Court’s decisions on the applicability of certain provisions of the Convention to the controversial relationship, determination of interference existence with one or another person’s right and decision on the justification for such interference, which results in the presence or absence of a violation. The cases presented in the case law show how the rights are guaranteed by the Convention, at first glance, which are not related to labor rights, can be applied to such relationships and used by administrative courts in disputes resolution regarding public service relations.
The precedents of the Court set out in the article demonstrate the application of Articles 6, 8, 9, 10, 11 and Article 1 of the Protocol 1 to the Convention in cases of labor rights violations of the applicants. There are examples, as in some cases, in similar legal relationships, the Court finds the complaint admissible, and in others not. Such issues as justification of interference, compliance with the criteria of the “three-part test” are observed. It is emphasized the importance of understanding of such concepts as the interference was “in accordance with the law”; “met the legitimate goal”, “was necessary in a democratic society”, the state’s compliance with positive commitments.
The author examines the practical application of the ECtHR case law in disputes concerning legal relations of the public service. It is noted that in order to select a relevant source it is necessary to take into account the right, the protection of which the person applied for, the consequences that led to interference, the specific circumstances of the dispute.
Key words: application of the European Convention on Human Rights, interference, violation, court decision, state discretion, right to respect for private life, freedom of conscience, freedom of expression, property, rights to peaceful possession of property.