Suchergebnisse

"Following the coming into force of the new Social Dialogue Act in 2011, the Romanian collective bargaining system has fundamentally changed due to the restructuring of the levels of collective bargaining and the definition of the representativeness criteria. The collective agreement is the central institution of the collective labour law, the existence or non-existence of it, the content of the agreement being of a real interest for the enforcement of employees' interest. The new regulation significantly weakened the bargaining power of the social partners, which very soon led to a drastic reduction in the number of the concluded collective agreements.
In our study, we try to point out the problematic issues of the Romanian regulation related to the collective agreement, anticipating at the same time the possible new perspectives opened up by the attempt to amend the law."

The legal relationship between civil servants and the state, is not governed by the theory of sovereignty, which is relevant in the outer relationships between the state and its citizens, though it has some, limited effect on the inner relationships between the civil servant and the state organ, as well. The inner relationship falls into the category of "dependent work" and therefore civil servants must enjoy the employment rights generally applicable to employees with some alterations. Among such rights, two are investigated more closely in the paper: protection against unjust dismissal and collective rights of workers (right to organise, right to bargain collectively, and right to strike). In 2010 the Hungarian state modified its regulations on civil servants and introduced dismissal without notice referring to the argument that the parties of the legal relationship must be treated equally and because the civil servant can resign from its position without notice, the same right should be enjoyed by the state, as well. The Hungarian Constitutional Court and European Court of Justice nullified this law because of violating the right to work, the right to human dignity, and the right to hold public positions. The regulations on collective rights of civil servants have been systematically violated by the Hungarian legislator since 1992, when the first regulation on civil servants passed. Until 2011 the right to organise has been enjoyed without disturbance by civil servants but since than the state has organise the Bar of Hungarian Civil Servants into which all civil servants are obliged to enter. Because the Bar has rights which are usually considered to be union rights, therefore the Bar is a competitor of the civil servants' unions; consequently the regulations on the Bar violate the right to organise. The right to bargain collectively has never been enjoyed by unions of civil servants since 1992, despite such right is generally applied in developed countries app. since 1960-1970s and is also accepted by the international conventions on social and economic rights. The right to strike is also restricted by the Agreement on Right to Strike in Civil Service (1994) which prohibits the rights to strike far beyond the limits established by the Fundamental Law and the Act on Right to Strike (Act No. VII of 1989). Alternative methods of collective dispute settlement (mediation, arbitration) are also neglected by the Hungarian legal regime.

Aus ungarischer Sicht

In 1988-1989 a stream of East Germans sought refugee in Hungary at the Embassy of West Germany in Budapest. The three countries taking part in the issue made different solutions to deal with the increasing problem. The East German leadership tried to call back the refugees and calm down the emigration process, but it had lost its confidence. West Germany tried to solve the problem not only on the level of consulship but exten-sively, in part with recognizing the status those waiting for West German citizenship and those for refugee status - without any success. In the interest of the resolution and bring the Hungarian leadership to their point of view, they tried to make use of the international organizations. However, the Hungarian leadership made efforts to stay out of the issue to get the two German states make an agreement. But there was no chance for that so Buda-pest gave up its quasi neutrality and tried to solve the problem opening the border by avoiding Hungary to turn into a refugee camp of the region. Besides making this ad hoc arrangement, the whole issue needed more radical crisis management, not only in Hungary.