Утицај Европског суда за људска права на заштиту људских права радника у Србији

This paper presents the analysis of the impact of the ECHR jurisprudence on the judicial protection of workers’ human rights in Serbia. There are considerations of the institutional deficiencies, legal and socio-economic context, and the fundamental problems the workers face with. The analysis is followed by pointing out the capacity and success of the ECHR in overcoming the systemic problems of the Council of Europe member states. The focal points are the right to fair trial in a reasonable time and right to property, as the greatest challenges before the Serbian institutions. Assessment of the available Rule of Law indicators, primarily material and procedural preconditions for respect of the workers’ human rights, leads to conclusion that existing reform measures produce limited effects, with insufficient consolidation of the institutions. ECHR has considerable potential to positively influence the level of respect for workers’ rights, particularly those affiliated to the human rights guaranteed by the Convention. The paper provides the overview of the most notable achievements in member states of the Council of Europe. There are theoretical foundations for the impact of ECHR as supranational law to the national legal order of Serbia, in line with the Fairness doctrine, rational choice or managerial model. However, the conclusion is that we can not verify such an impact in practice, due to systemic problems in the realm of the Rule of Law.