The Strasbourg Court: A Friend to Embassy and Consular Employees

European Human Rights Law Review, (6), 2017

U of Melbourne Legal Studies Research Paper No. 778

16 Pages Posted: 6 Jun 2018

See all articles by Richard Garnett

Richard Garnett

University of Melbourne - Law School

Date Written: June 6, 2018

Abstract

This article examines the recent jurisprudence of the European Court of Human Rights on the issue of state immunity and the right of access to a court in employment disputes. In a series of decisions since Cudak v Lithuania in 2010 the Court has strived to uphold the rights of employees of foreign states, particularly embassy and consular staff engaged in routine, non-policy roles, by limiting the scope of state immunity in such cases. This approach is a welcome affirmation of the right of access to justice.

Keywords: state immunity, right to access

JEL Classification: K00, K33

Suggested Citation

Garnett, Richard, The Strasbourg Court: A Friend to Embassy and Consular Employees (June 6, 2018). European Human Rights Law Review, (6), 2017, U of Melbourne Legal Studies Research Paper No. 778, Available at SSRN: https://ssrn.com/abstract=3191676

Richard Garnett (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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