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Le juge et l’accord collectif de travail

Abstract : Is the promotion of a more negotiated labor law about to sideline the judge? This question refers to a trend that public authorities have been following for many years, a trend that gives a greater role to the decentralized collective bargaining, especially as for law-making. Does this change prevents the judge from interfering - in particular by their monitoring mission - in any labor collective agreement or convention, signed by actors deemed to be the only persons entitled to assess the content of the applicable rules ? This important question arises today. But the analysis of the judge and the collective agreement should not limited to the current debates. This topic should be studied in all its dimensions and it is mainly about perspective. With a subject matter: the collective agreement. And an actor: the judge. How does the judge deal with the labor collective agreement? How do they see it? The way they handle the agreement depends on how he or she understand it. How should the judge act while the current labor law model relies on social dialogue? Does (or should) the promotion of collective bargaining entail to sideline the judge regarding the negotiated collective agreement? Are these movements irreducibly linked, according to inverted dynamics? To address this subject in all its dimensions, it is the confrontation between the judge and the collective agreement that is to be orchestrated. What is at stake is the fundamental aspect of the new and emerging labor law model.
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Submitted on : Thursday, July 16, 2020 - 2:51:39 PM
Last modification on : Friday, September 2, 2022 - 10:50:17 AM

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  • HAL Id : tel-02900861, version 1



Emmanuelle Filipetto. Le juge et l’accord collectif de travail. Droit. Université de Lorraine, 2019. Français. ⟨NNT : 2019LORR0309⟩. ⟨tel-02900861⟩



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