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THE ROLE OF THE JUDGE IN SOLVING LABOUR AND SOCIAL SECURITY DISPUTES

Ruxandra Banacu (Romaniuc)

First published: 2023https://doi.org/10.35603/sws.iscss.2023/s02.10View metrics

Abstract

Starting from the role of the feudal judges in the distribution of justice in Wallachia and Moldova, briefly reviewing the evolution of the legislative codification of their mission in the resolution of disputes brought before the courts, this paper analysis through the method of historical and comparative research, the orientation of the Romanian legislator towards the expansion of the freedom of the judge in finding out the truth and avoiding any judicial error. Without any doubt, it`s main task is to correctly identify the facts on which he has to rule, to apply and interpret the law and render a thorough and legal decision in accordance with the general principles contained in the Code of Civil Procedure and special laws, despite the section of law in which he is called to do justice. The main question which arises is, when solving labour and social security disputes, the judge also needs to embrace a conciliatory role? Using the qualitative methodology approach and the personal experience as a judge we will highlight that judges are ment to act like a balance between the power of the employer and employee when invested with labour disputes. Examining the jurisprudence in this matter of law, in the context of a significant increase in the number of labour disputes registered before the courts in Romania, specifically the ones that imply collective and individual dismissals, the role of the judge must be an active and positive one, oriented towards the protection of social rights and ensuring an equilibrium between the two sides of the employment contract.

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Publication details

Title
THE ROLE OF THE JUDGE IN SOLVING LABOUR AND SOCIAL SECURITY DISPUTES
Authors
Ruxandra Banacu (Romaniuc)
Proceedings
Proceedings of 10th SWS International Scientific Conference on Social Sciences - ISCSS 2023
Publisher
SGEM WORLD SCIENCE (SWS) Scholarly Society
Year
2023
Pages
139-146
SWS Citekey
Banacu20232111
ISSN
2682-9959
ISBN
978-3-903438-06-4
Language
en
Publication type
Proceedings Paper
Keywords
active and positive role of the judgefrom the role of ”arbitrator” to the role of ”pacifist” in labour and social security disputesfair balance between the employer and the employee
References14

  1. Mirea-Gajdo L., The Judge between the accusatory and inquisitorial procedure, between the duty to find out the truth by all legal means and the obligation to respect the availability of the parties and the limits of the investigation, Romanian Journal of Jurisprudence no. 2/2022, The Legal Universe, Romania, 2022, pp. 546.

  2. Art. 95 and art. 159, Idem.

  3. The law for district courts of 30.10.1907, published in the Official Monitor, Part I of 30 December 1907.

  4. Mirea-Gajdo L., The Judge between the accusatory and inquisitorial procedure, between the duty to find out the truth by all legal means and the obligation to respect the availability of the parties and the limits of the investigation, op.cit, pp.46.

  5. Law no. 18/1948 for the amendment of the civil procedure code, published in the Official Gazette, Part I no. 35 of February 12, 1948, see art. 129-130.

  6. Art.46, Government Emergency Ordinance no.138/14.09.2000 for the modification and completion of the Code of Civil Procedure, published in the Official Monitor, no. 479 of October 2, 2020.

  7. Art. 22, Civil Procedure Code, Law no. 134/2010 republished, published in the Official Monitor no. 247 of April 10, 2015.

  8. Application no. 6538/74, Sunday Times vs. United Kingdom of Great Britain and Northern Ireland, 26 April 1979.

  9. Predescu I. & Safta M., The Principle of Legal Security, Foundation of the Rule of Law. Jurisprudential Landmarks, https://www.ccr.ro/wpcontent/ uploads/2021/01/predescu.pdf, last accessed on 30th June 2023.

  10. Application no. 63252/00, Paduraru v. Romania, 2005, published in the Official Monitor, Part I no. 514 of June 14, para.98, 2006.

  11. Law no. 118/2010 regarding some necessary measures to restore the budget balance, published in the Official Monitor, Part I, no. 441 of June 30, 2010.

  12. Directive 2000/43/EC of June 29, 2000, art. 2 para. 1 & G.O. no. 137/2000 & art.16 of the Constitution.

  13. Moarca? C.A., Anticipating the judge`s vocation when addressing social rights in action, Romanian Journal of Jurisprudence no.2/2022, The Legal Universe, Romania, 2022, p. 485-486.

  14. Puiu A.-M., The role of the judge in finding the truth, Romanian Journal of Jurisprudence no.2/2022, The Legal Universe, Romania, 2022, p. 536.

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