About a Constitutional Court’s judgement
DOI:
https://doi.org/10.32980/MJSz.2022.2.1992Keywords:
public employer, discrimination, collective agreement, entry into force of Mt. and application of transitional rulesAbstract
The Constitutional Court annulled the Kúria's (High Court of Justice) decision, which concerned the application of special labour law rules for public employers. The judgment directly affected the application of the rule related to the entry into force of the Labour Code, but in connection with this, it also affected a number of other labour law problems. The study discusses these problems. The paper presents the regulations regarding the entry into force of the Mt., and analyzes in detail the standpoint of the Constitutional Court, according to which the Kúria's judgment constituted unconstitutional discrimination between certain groups of employees. Th paper points out the different nature of the concept of discrimination between the Kúria and the Constitutional Court.