The Institution of Juridical Assistants inthe Current Romanian Legislation. The Necessity Of Reform in Accordance with Examples Offered by Comparative Law

• Author: Lavinia Onica Chipea
• Position: Lecturer, Faculty of Law, Department of Law and Administrative Sciences, University of Oradea, Oradea, Romania
• Pages: 134-143

JURIDICA

134

The Institution of Juridical

Assistants in the Current Romanian

Legislation. The Necessity Of Reform in

Accordance with Examples Offered by

Comparative Law

Lavinia ONICA CHIPEA

1

Abstract: The paper analyzes the institution of judicial assistants in the context of the current

Romanian legislation and the sp ecialty legal literature. The presentation of doctrinal views on the

need f or reform of this institution, the examples from comparative l aw systems (German, English,

French), the conclusions of our ow n study carried out by means of sociological inquiry, whose

subjects were specialists act ually involved in the process of solving individual labor conflicts,

represented the necessary support for the for mulation of suggestions of a ferenda law meant to

improve and streamline its operation. The formulated proposals may provide the legislator support in

the course of perfecting, at the level of regulation, of the pr ocess of specialization of labor jurisdiction

in the Romanian legal system.

Keyword: judicial assistants; deliberative vote; advisory vote; panel composition; systems of

compared law

1. Introduction

In solving individual labor conflicts, in the Romanian legal system, courts have

had exclusive jurisdiction, since 1992, being eliminated the special powers of

different bodies, which were given up subsequently: trial commissions, the superior

hierarchically administrative organ, the collective management organ etc. (iclea,

2012, p. 958)

In this regard, the provisions of Art. 208 of Law. 62/2011 of social dialogue

expressly provide that, in regard to the settlement of labor disputes, the general

competence belongs to jurisdiction courts.

The composition of panels for solving individual labor disputes shall be determined

by the provisions of article 55 of Law no. 304/2004 on judicial organization,

republished, as amended by Law no. 202/2010, according to which the first

1

Lecturer, Faculty of Law, Department of Law and Administrative Sciences, Univers ity of Oradea,

Oradea, Romania. 26 General Magheru St., Oradea. Phone: 0259 408 105. Corresponding author:

laviniachipea@yahoo.com.

AUDJ, vol. 9, no. 2/2013, pp. 134-143