Original scientific paper
On admissibility of review in labour relations litigation according to the civil litigation act of the Republic of Macedonia
Arsen Janevski
Abstract
This article deals with the problem of admissibility of review in civil litigation according to the Civil Litigation Act of the Republic of Macedonia of 1999. The exposition and analysis of the problem is approached form the historical and comparative aspects in the sense that the regulation according to the Civil Litigation Act of the SFRY of 1974, taken over by the Republic of Macedonia after becoming independent, as well as the solutions adopted in the legislation of other countries established in the territory of the former state, are presented. After presenting the relevant post-Yugoslav doctrine and views expressed in the Macedonian theory and court practice, the solution of the problem is tackled starting from the standpoint that it is necessary to distinguish between labour property disputes and such non-property disputes. Conclusively, on the basis of this standpoint, the author expresses his opinion that review in labour property disputes would be admissible according to the general rules on admissibility of this legal remedy in property disputes, while those in non-property (status) labour disputes would be admissible regardless of the value of the matter of the dispute, analogously to other non-property disputes.
Keywords
review; litigation in labour disputes; Macedonia
Hrčak ID:
5116
URI
Publication date:
20.4.2006.
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