Rolul deciziilor pronunțate de Înalta Curte de Casaţie şi Justiţie pentru dezlegarea unor probleme de drept în interpretarea unor dispoziții ale Codului muncii
The Role of Decisions of the High Court of Cassation and Justice in Resolving Legal Issues in the Interpretation of Provisions of the Labor Code

Author(s): Dan Ţop, Ana Maria Alexandra Iancu
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Universul Juridic
Keywords: decision; prior decision; court practice;
Summary/Abstract: The previous judgments given by the High Court of Cassation and Justice for the unraveling of some questions of law, without creating by themselves new legal norms , obligingly impose a certain interpretation of the legal provision for the courts. The interest in ensuring a unitary practice of the courts through this institution is not without criticism. Even if, in relation to our system of law (of the continental type) it was refused to recognize the Romanian jurisprudence the role of source of law, it should be noted that in particular cases the identification of the need for normation of certain social relations was notified by the courts, and subsequently the law took over as such the legal institutions as they were configured during the court practice. In this context, some texts of the Labor Code - Law no. 53/2003, they were given a jurisprudential interpretation, meant to ensure a unitary practice.

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