Limitele efectelor lucrului judecat în materia asigurărilor sociale. Încălcarea art.1 din Primul Protocol la Convenția Europeană a Drepturilor Omului prin respingerea de către o instanță a pretențiilor privind drepturi de pensie de invaliditate ca urmare a reținerii autorității de lucru judecat în pofida existenței unei erori vădite a autorității publice, imputabile acesteia. Hotărârea CEDO în cauza Grobelny c. Polonia

Răzvan Anghel

No j7cph, OSF Preprints from Center for Open Science

Abstract: The article presents the judgment delivered by the European Court of Human Rights of 5 March 2020 in GROBELNY v. Poland, by which the Court found that Article 1 of the First Protocol to the European Convention on Human Rights had been infringed following the rejection by national courts of the applicant’s claim for compensation equal to the invalidity pension which he was unlawfully deprived of by applying the res judicata principle, despite the existence of relevant and sufficient grounds for departing from that principle, namely the fact that the applicant’s deprivation of pension rights was the consequence of a manifest error attributable to the public authority, found as such by the court in the second dispute. The Court held that, in this way, the national authorities had failed to ensure compliance with the principles of social justice and fairness or good governance and that the burden to which the applicant was subject was disproportionate, since he was required to bear the consequences of the errors attributable to the public authorities on his own, even though he did not have any other legal means to compensate for the damage. The article also contains an analysis by the author of the ECtHR ruling.

Date: 2023-11-21
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Persistent link: https://EconPapers.repec.org/RePEc:osf:osfxxx:j7cph

DOI: 10.31219/osf.io/j7cph

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