Pending complaints

Back No. 198/2021 Norwegian Association of Small & Medium Enterprises (SMB Norge) v. Norway

The complaint was registered on 26 March 2021. It concerns Article 24 (the right to protection in case of dismissal) of the revised European Social Charter. SMB Norge alleges that , in dimissal cases before Norwegian courts, the parties themselves nominate and decide on which lay judges to sit on the matter. SMB Norge alleges that this practice thereby weakens the independence of the court and more specifically as regards the requirement of an "impartial body", in breach of the abovementioned provision of the Charter.

Case-document No. 1, Complaint registered on 26 March 2021

Case-document No. 2, Observations by the Government on admissibility

Case-document No. 3, Observations by the European Trade Union Confederation (ETUC)

Case-document No. 4, Submissions by the Government on the merits

Case-document No. 5, Response from SBM Norge to the Government's submissions on the merits

Case-document No. 6, Reply from the Government to the SMB Norge's response on the merits

The European Committee of Social Rights declared the complaint admissible on 8 September 2021.

Decision on admissibility of the Complaint No. 198/2021

Decision on the merits of the Complaint No. 189/2020 and No. 209/2022

Resolution CM/ResChS(2023)10 adopted by the Committee of Ministers on 13 December 2023

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