Taking the lead from the CJEU judgment in the ZN case, the present article analyze both the notion of transnational dispute according to Regulation (EU) No. 1215/2012 and the concept of establishment with regard to individual contracts of employment. It then focuses on the role of immunity when it comes to contracts of employment concluded with public entities which could be entitled to claim immunity from the jurisdiction pursuant to the general rules of international law. Finally, the private international law rules on jurisdiction and the immunity principle will be read in light of the right of access to justice of workers, granted by both the European Convention on Human Rights and the EU Charter of Fundamental Rights.
Lavoratori alle dipendenze di enti pubblici: criteri di giurisdizione, immunità e accesso alla giustizia. Riflessioni a margine della sentenza ZN.
Francesca Bandini
2022-01-01
Abstract
Taking the lead from the CJEU judgment in the ZN case, the present article analyze both the notion of transnational dispute according to Regulation (EU) No. 1215/2012 and the concept of establishment with regard to individual contracts of employment. It then focuses on the role of immunity when it comes to contracts of employment concluded with public entities which could be entitled to claim immunity from the jurisdiction pursuant to the general rules of international law. Finally, the private international law rules on jurisdiction and the immunity principle will be read in light of the right of access to justice of workers, granted by both the European Convention on Human Rights and the EU Charter of Fundamental Rights.
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