CRITICAL CONSIDERATIONS ABOUT THE UNJUSTIFIED VARIERY OF LEGAL REGULATIONS REGARDING THE COMPETENCE OF COURTS IN THE SETTLEMENT OF LABOR DISPUTES Cover Image
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CONSIDERAȚII CRITICE ASUPRA DIVERSITĂȚII NEJUSTIFICATE A REGLEMENTĂRILOR LEGALE PRIVIND COMPETENȚA MATERIALĂ A INSTANȚELORJUDECĂTOREȘTI ÎN DOMENIUL SO
CRITICAL CONSIDERATIONS ABOUT THE UNJUSTIFIED VARIERY OF LEGAL REGULATIONS REGARDING THE COMPETENCE OF COURTS IN THE SETTLEMENT OF LABOR DISPUTES

Author(s): Şerban Beligrădeanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: courts; labor disputes (litigations); competence of courts in the field

Summary/Abstract: In this study, by showing the diversity of legal regulations regarding the competence of courts in the matter of labor conflicts (jurisdiction in labor disputes) of the various categories of persons having legal employment relationships (employees, civil servants, career soldiers, officials, magistrates – judges and prosecutors –, ancillary personnel of the courts and prosecutor’s offices, Constitutional Court judges, cooperating members), the author considers that such a legal diversity is unjustified, useless and harmful. Therefore, de lege ferenda, it is usually proposed to unify these legal regulations, admitting an exception only in case of magistrates and judges of the Constitutional Court, whose labor conflicts would be settled either in the first instance by the courts of appeal and in second appeal by the High Court of Cassation and Justice, or exclusively by the High Court (the relevant section) and the second appeal by the Panel of 9 judges of the High Court of Cassation and Justice.

  • Issue Year: 2009
  • Issue No: 03
  • Page Range: 11 - 37
  • Page Count: 27
  • Language: Romanian
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