Overview of recent cases before the European court of Human Rights (September−December 2017)
| Author | Marcin Wujczyk |
| Published date | 01 March 2018 |
| Date | 01 March 2018 |
| DOI | http://doi.org/10.1177/1388262718761265 |
| Subject Matter | Commentaries |
Commentary
Overview of recent
cases before the European
court of Human Rights
(SeptemberDecember 2017)
Marcin Wujczyk
Department of Labour Law and Social Policy, Jagiellonian University, Krakow, Poland
Discrimination based on employment in the private or public sector:
Fabian v Hungary
1
The first case refers to the judgment of the European Court of Human Rights of 5 September 2017.
The Applicant, Gyula Fabian, stated in his claim that the suspension of his old-age pension during
the time when he was employed in the public sector was an unjustified and discriminating violation
of his right to property.
The facts of the case
The applicant had worked as a police officer until he reached the age that entitled him to early
retirement. He received the relevant retirement benefit while continuing to work. He had been
employed in the private sector from 2000 to 2012 and then, from 2012 to 2015 was a civil servant.
2
Pursuant to legislation introduced in 2011,
3
the right to receive the early old-age pension to
which the applicant was entitled was replaced by an employment duration benefit for persons born
in 1955 or later, and by old-age pension benefit for persons born before that year.
4
Then, pursuant
to an amendment of 2013,
5
the old-age pension benefit granted to the applicant was suspended for
the duration of his employment, due to the fact that he was simultaneously employed in the civil
service. However, such restrictions did not apply to persons who received an old-age pension and
Corresponding author:
Marcin Wujczyk, Department of Labour Law and Social Policy, Jagiellonian University, Krakow, Poland.
E-mail: marcin.wujczyk@uj.edu.pl
1. Application no. 78117/13, 5.09.2017r.
2. Ibid: 11.
3. Act no. CLVII.
4. Application no. 78117/13, 5.09.2017r: 12.
5. Act no. LXXXI.
European Journal of Social Security
2018, Vol. 20(1) 56–67
ªThe Author(s) 2018
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DOI: 10.1177/1388262718761265
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