Rechtsprechung
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Volltextveröffentlichung
- Europäischer Gerichtshof für Menschenrechte
HOFFMAN KARLSKOV v. DENMARK
Wird zitiert von ... (0) Neu Zitiert selbst (7)
- EGMR, 13.08.1981 - 7601/76
YOUNG, JAMES ET WEBSTER c. ROYAUME-UNI
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By the British Rail judgment (the Young, James and Webster v. UK judgment, Series A no. 44) it was established that in certain circumstances Article 11 also secures the negative right to freedom of association."Act no. 285 of 9 June 1982 on Protection against Dismissal due to Association Membership was passed, notably in order to comply with the negative right to freedom of association to the extent an obligation thereto could be established according to the interpretation of Article 11 of the Convention given by the Court of Human Rights in the Young, James and Webster v. UK judgment Series A no. 44 (British Rail).
The Danish Act on Protection against Dismissal due to Association Membership of 9 June 1982 (which was passed as a direct result of the Court's ruling in 1981 in the Young, James and Webster v. UK judgment, Series A no. 44), amended by Act no. 347 of 29 May 1990, reads in as far as relevant:.
- EGMR, 06.09.1978 - 5029/71
Klass u.a. ./. Deutschland
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Article 34 may not be used to found an action in the nature of an actio popularis; nor may it form the basis of a claim made in abstracto that a law contravenes the Convention (see the Klass and Others v. Germany judgment of 6 September 1978, Series A no. 28, pp. 17-18, § 33). - EGMR, 13.06.1979 - 6833/74
MARCKX v. BELGIUM
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Be that as it may, the Court has held that Article 34 of the Convention enables individuals to contend that a law violates their rights by itself, in the absence of an individual measure of implementation, if they run the risk of being directly affected by it (see the Johnston and Others v. Ireland judgment of 18 December 1986, Series A no. 112, p. 21, § 42, and the Marckx v. Belgium judgment of 13 June 1979, Series A no. 31, p. 13, § 27).
- EGMR, 29.04.1999 - 25088/94
CHASSAGNOU ET AUTRES c. FRANCE
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25088/94, 28331/95 and 28443/95, ECHR 1999-III).". - EGMR, 15.07.1982 - 8130/78
Eckle ./. Deutschland
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Only when these conditions are satisfied does the subsidiary nature of the protective mechanism of the Convention preclude examination of an application (see e.g. Eckle v. Germany judgment of 15 July 1982, Series A no. 51, p. 32 §§ 69 ff. and Jensen v. Denmark (dec.), no. 48470/99, 20 September 2001). - EGMR, 18.12.1986 - 9697/82
JOHNSTON AND OTHERS v. IRELAND
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Be that as it may, the Court has held that Article 34 of the Convention enables individuals to contend that a law violates their rights by itself, in the absence of an individual measure of implementation, if they run the risk of being directly affected by it (see the Johnston and Others v. Ireland judgment of 18 December 1986, Series A no. 112, p. 21, § 42, and the Marckx v. Belgium judgment of 13 June 1979, Series A no. 31, p. 13, § 27). - EGMR, 11.01.2006 - 52562/99
SØRENSEN ET RASMUSSEN c. DANEMARK
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As stated in the Supreme Court's judgment of 6 May 1999 (concerning application no. 52620/99 Jensen and Rasmussen v. Denmark) and of 8 June 1999 (concerning application no. 52562/99 Sørensen v. Denmark) the latest judgments from the Court of Human Rights give no reason to asses the lawfulness of closed shop agreements and their consequences any differently than what appears from the British Rail judgment.