Although the Constitutional Court had no jurisdiction to rule on the merits of the dispute, its decision was ‘capable of affecting the outcome of the claim’.
The court considered a widow’s supplementary pension arising from her husband’s death in an industrial accident.
Held: ‘The widow . . was not affected in her relations with the public authorities as such, acting in the exercise of discretionary powers, but in her personal capacity as a private individual. She was claiming a right flowing from specific rules laid down by the legislation in force. The right in question was a personal, economic and individual right, a factor that brought it close to the civil sphere.’
9384/81, [1986] ECHR 3, (1986) 8 EHRR 448
Worldlii, Bailii
European Convention on Human Rights 6
Human Rights
Citing:
Not Followed – Buchholz v Germany ECHR 6-May-1981
The ECHR did not apply to rights determined by a constitutional court because of their constitutional nature. . .
Cited by:
Cited – Tomlinson and Others v Birmingham City Council SC 17-Feb-2010
The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that . .
Cited – G, Regina (on The Application of) v X School SC 29-Jun-2011
The claimant was employed as a teaching assistant. He was suspended after allegations of sexual misbehaviour with boy at the school. He refused to take part in the disciplinary proceedings until the police investigation was concluded. A decision was . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2021; Ref: scu.164953 br>