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Wallishauser v. Austria (No 2)
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — State immunity — Immunity from execution — Whether distinct from immunity from jurisdiction — Proceedings relating to social security — Section 53(3)(a) of General Social Security Act — Underlying assumption that not possible to enforce obligation to pay social security contributions against employer enjoying extraterritorial status — Whether assumption still valid under international law — Inability of State to rely on State immunity for certain categories of employment contracts — Whether meaning that judgment against foreign State could be enforced in same way as against ordinary employer — Whether obligation to pay social security contributions imposing excessive burden on applicant — Whether interference with right to peaceful enjoyment of possessions proportionate to legitimate aim — Whether violation of Article 1 of Protocol No 1 or Article 14 taken in conjunction with Article 1 of Protocol No 1 or Article 6 of European Convention on Human Rights, 1950
State immunity — Immunity from execution — Employment at embassy — Proceedings relating to social security — Obligation on applicant to pay employer’s social security contributions — Section 53(3)(a) of General Social Security Act — Underlying assumption that not possible to enforce obligation to pay social security contributions against employer enjoying extraterritorial status — Whether assumption still valid under international law — Inability of State to rely on State immunity for certain categories of employment contracts — Whether meaning that judgment against foreign State could be enforced in same way as against ordinary employer — Whether Section 53(3)(a) imposing disproportionate burden on applicant — Whether contrary to human rights
Diplomatic relations — Locally employed staff — Dismissal — Inability of State to rely on State immunity for certain categories of employment contracts — Whether meaning that judgment against foreign State could be enforced in same way as against ordinary employer — Section 53(3)(a) of General Social Security Act — Underlying assumption that not possible to enforce obligation to pay social security contributions against employer enjoying extraterritorial status — Whether assumption still valid under international law
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- © Cambridge University Press 2019