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Unjustified Dismissal in EU Labour Law - The Scope and Limits of Worker Protection

Mammadova, Mehriban LU and Kaceli, Esmeralda LU (2026) HARN63 20261
Department of Business Law
Abstract (Swedish)
This thesis examines the extent to which European Union (EU) labour law provides
protection against unjustified dismissal. It focuses on both substantive and
procedural forms of protection, as well as the limits imposed by EU competence.
The analysis is based on a doctrinal method and draws on EU primary law, secondary
legislation, and the case law of the Court of Justice of the European Union (CJEU).
The thesis shows that EU law does not establish a general, autonomous right to
protection against unjustified dismissal. Although Article 30 of the Charter of
Fundamental Rights (CFR) recognises such protection, it does not define its content
and operates as a framework provision requiring legislative implementation. Its
practical... (More)
This thesis examines the extent to which European Union (EU) labour law provides
protection against unjustified dismissal. It focuses on both substantive and
procedural forms of protection, as well as the limits imposed by EU competence.
The analysis is based on a doctrinal method and draws on EU primary law, secondary
legislation, and the case law of the Court of Justice of the European Union (CJEU).
The thesis shows that EU law does not establish a general, autonomous right to
protection against unjustified dismissal. Although Article 30 of the Charter of
Fundamental Rights (CFR) recognises such protection, it does not define its content
and operates as a framework provision requiring legislative implementation. Its
practical effect therefore depends on specific EU instruments and national law.
Substantive protection arises only in defined contexts, particularly in antidiscrimination
law, fixed-term work, and transfers of undertakings. These
instruments impose targeted constraints on dismissal but do not establish a general
requirement that dismissals must be substantively justified. Procedural protection
follows a similar pattern. EU law provides safeguards such as reason-giving,
consultation, judicial review, and effective remedies, but only where dismissal falls
within the scope of specific EU legislation.
The thesis concludes that EU dismissal protection is fragmented, context-specific,
and limited by the principle of conferral and Article 153 of the Treaty on the
Functioning of the European Union (TFEU). Protection against unjustified dismissal
operates as a derivative form of protection, arising only where EU law regulates
specific aspects of employment. The general framework governing dismissal
remains primarily within the competence of the Member States. (Less)
Please use this url to cite or link to this publication:
author
Mammadova, Mehriban LU and Kaceli, Esmeralda LU
supervisor
organization
course
HARN63 20261
year
type
H1 - Master's Degree (One Year)
subject
keywords
unjustified dismissal, EU labour law, Article 30 CFR, Article 153 TFEU, dismissal protection, procedural safeguards, CJEU, EU competence
language
English
id
9230995
date added to LUP
2026-06-16 09:19:12
date last changed
2026-06-16 09:21:27
@misc{9230995,
  abstract     = {{This thesis examines the extent to which European Union (EU) labour law provides
protection against unjustified dismissal. It focuses on both substantive and
procedural forms of protection, as well as the limits imposed by EU competence.
The analysis is based on a doctrinal method and draws on EU primary law, secondary
legislation, and the case law of the Court of Justice of the European Union (CJEU).
The thesis shows that EU law does not establish a general, autonomous right to
protection against unjustified dismissal. Although Article 30 of the Charter of
Fundamental Rights (CFR) recognises such protection, it does not define its content
and operates as a framework provision requiring legislative implementation. Its
practical effect therefore depends on specific EU instruments and national law.
Substantive protection arises only in defined contexts, particularly in antidiscrimination
law, fixed-term work, and transfers of undertakings. These
instruments impose targeted constraints on dismissal but do not establish a general
requirement that dismissals must be substantively justified. Procedural protection
follows a similar pattern. EU law provides safeguards such as reason-giving,
consultation, judicial review, and effective remedies, but only where dismissal falls
within the scope of specific EU legislation.
The thesis concludes that EU dismissal protection is fragmented, context-specific,
and limited by the principle of conferral and Article 153 of the Treaty on the
Functioning of the European Union (TFEU). Protection against unjustified dismissal
operates as a derivative form of protection, arising only where EU law regulates
specific aspects of employment. The general framework governing dismissal
remains primarily within the competence of the Member States.}},
  author       = {{Mammadova, Mehriban and Kaceli, Esmeralda}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Unjustified Dismissal in EU Labour Law - The Scope and Limits of Worker Protection}},
  year         = {{2026}},
}