Gayguz v. Atria Archiv - Social Protectn and Human Rights

Contents:

• GAYGUZ V. ATRIA
• GAYGUZ V ATRIA: ECHR 16 SEP 1996
• GAYGUZ V ATRIA (APPLITN NO. 17371/90)
• ECTHR, GAYGUZ V. ATRIA, APP. NO. 17371/90) (1996)
• GAYGUZ AND TURKEY (TERVENG) V ATRIA, JUDGMENT, MERS AND JT SATISFACTN, APP NO 17371/90, CASE NO 39/1995/545/631, ECHR 1996-IV, [1996] ECHR 36, (1997) 23 EHRR 364, (1997) 23 EHRR 365, IHRL 3166 (ECHR 1996), 16TH SEPTEMBER 1996, EUROPEAN COURT OF HUMAN RIGHTS [ECHR]
• GAYGUZ REVISED: THE LIMS OF THE EUROPEAN COURT OF HUMAN RIGHTS' EQUALY AGENDA

GAYGUZ V. ATRIA

In the se of Gayguz v. The se was referred to the Court by a Turkish natnal, Mr Cevat Gayguz ("the applint") on 20 April 1995, wh the three-month perd laid down by Article 32 para.

GAYGUZ V ATRIA: ECHR 16 SEP 1996

17371/90) agast the Republic of Atria lodged by Mr Gayguz wh the European Commissn of Human Rights ("the Commissn") unr Article 25 (art. Mr Cevat Gayguz, a Turkish natnal born 1950, lived Hörschg (Upper Atria) om 1973 until September 1987. Mr Gayguz appealed agast the above cisn to the Upper Atria Regnal Employment Agency (Lansarbesamt).

GAYGUZ V ATRIA (APPLITN NO. 17371/90)

On 16 May 1988 the Admistrative Court asked Mr Gayguz to expand on his applitn.

ECTHR, GAYGUZ V. ATRIA, APP. NO. 17371/90) (1996)

It noted that the applitn, as expand by Mr Gayguz, referred solely to the nstutnaly of sectn 33 (2) (a) of the Unemployment Insurance Act. Mr Gayguz applied to the Commissn on 17 May 1990. Mr Gayguz plaed of the Atrian thori' refal to grant him emergency assistance on the ground that he did not have Atrian natnaly, which was one of the ndns laid down sectn 33 (2) (a) of the 1977 Unemployment Insurance Act (see paragraph 20 above) for entlement to an allowance of that type.

The Court not the first place that Mr Gayguz was legally rint Atria and worked there at certa tim (see paragraph 10 above), payg ntributns to the unemployment surance fund the same pacy and on the same basis as Atrian natnals.

It nsirs, like the Commissn, that the difference treatment between Atrians and non-Atrians as regards entlement to emergency assistance, of which Mr Gayguz was a victim, is not based on any "objective and reasonable jtifitn". Mr Gayguz further plaed that he had not had accs to a tribunal wh full jurisdictn and that he had not had a fair hearg.

GAYGUZ AND TURKEY (TERVENG) V ATRIA, JUDGMENT, MERS AND JT SATISFACTN, APP NO 17371/90, CASE NO 39/1995/545/631, ECHR 1996-IV, [1996] ECHR 36, (1997) 23 EHRR 364, (1997) 23 EHRR 365, IHRL 3166 (ECHR 1996), 16TH SEPTEMBER 1996, EUROPEAN COURT OF HUMAN RIGHTS [ECHR]

Mr Gayguz also plaed of terference wh his fay life, ntrary to Article 8 of the Conventn (art. For pecuniary damage Mr Gayguz claimed 800, 000 Atrian schillgs (ATS), rrpondg to the amount of emergency assistance he had been prived of om 1987 to 1993.

Makg an asssment on an equable basis the light of the rmatn s posssn and s own se-law on the qutn, the Court awards Mr Gayguz ATS 100, 000.

Legal posory - Country: Atria / Body: European Court of Human Rights / Year: 1996Summary: The verdict Gayguz vers Atria tablished an important se law regardg the equal treatment of natnals and non-natnals.

GAYGUZ REVISED: THE LIMS OF THE EUROPEAN COURT OF HUMAN RIGHTS' EQUALY AGENDA

Gayguz, a Turkish natnal, had e to Atria 1973 and worked for almost a wh some gaps when he went back to Turkey. Gayguz Revised: The Lims of the European Court of Human Rights’ Equaly Agenda - 24 Hours accs.

Case of Gayguz v.