Aspecte privind competenţa teritorială a instanţelor de judecată de a soluţiona conflictele de drepturi
Issues Regarding the Teritorial Jurisdiction Courts to Settle the Right Conflicts

Summary/Abstract: At present, according to art. 284, paragraph 2 from the Labor Code regarding the settlement of labor conflicts – the jurisdiction of law courts in the settlement of conflicts of rights belong to the court of law in the district where the claimant has his headquarters/residence, domicile or residence. This provision repealed implicitly the provisions of art. 72 Law nr. 168/1999 and stipulates derogatory jurisdiction from the common law, establishing the regulation according to which the jurisdiction belongs to the court of law in the district where the claimant has his domicile or residence, or headquarters. The solution of the legislator is considered positive, just/impartial and in flavor of the employees or trade unions in position of claimant. This regulation also aims to facilitate the access of employees to justice/law, favoring them as against their employer, taking into consideration the fact that in most cases the claimant in labor conflicts is the employee. The jurisdiction of the courts of law in the settlement of labor conflicts is exclusive; it can be eliminated neither by the parties, nor by the court of law.

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