Title: Analysis of Jurisprudence in the Field of Work of the Crew Personnel on Commercial Vessels
Abstract: ABSTRACT.The studying field of the present work consists in analyzing the jurisprudence in the matter of social relations on the judiciary work reports of the crew personnel on commercial ships through national and international regulations that explore this complex part of labor relations.Keywords: navigator, crew personnel, jurisprudence, relationshipsCase law has been defined1 as all the solutions given by the courts in disputes with the object of legal relations of a particular area, the doctrine2 stating that its role is to provide the training and improvement of the principles of law by providing permanent legal theory material and the legislature to continue improving the law.In addition, once remarked of a Latin saying Verba Docent, Exempla Trahunt3 and a new emphasis on the role of lawyers to indicate how a legal provision, filtered through the mind and the soul judge acquires practical efficiency.4In terms of the internationalization of the right and ratification of numerous international conventions States, jurisprudence created in their application in national law or international courts as a particularly valuable in developing principles of law5 and correctly understanding and application of these principles.Romania, as a member of the UNITED NATIONS has recognized the jurisdiction of the International Court of Justice at the Hague, as a member of the Council of Europe, confirming that the European Convention on human rights is held by the European Court of human rights in Strasbourg and as a result of the ratification of the Convention on the law of the sea and of the entry into operation of the law of the sea in Hamburg, is also linked to the case. At the same time, Romania, as a member of the European Union shall be subject to the jurisdiction and jurisprudence community (the European Court of Justice in Luxembourg).Along with the international jurisprudence, in particular the law of special importance and national jurisprudence that while it does not have a source of law (such as in Anglo-Saxon law) are considered legal V'scopeV'6 with a significant role in the sphere of labor relations in countries such as France, Sweden, Denmark or Ukraine.Due to the fact that by their very nature of source of economic livelihood sources of a large number of people, it should be subject to a study of jurisprudence which has settled litigation concerning their rights.This analysis and presentation be structured in relation to national and international courts have ruled and national jurisprudence analysis on the main institutions of the labor law.Thus, on the international level, a concern developed and common cut is whether national identity and independence of the State are affected by subjecting national States under international law and jurisprudence, the answer is negative.The Court of Justice of the European Community Luxembourg (CSJE)7 held that the national judge is encouraged to assume the role of interpreter of European law and depositary of the implementation of its legal, because it cannot derogate from the obligation to apply European law litigants which invoke it, being directly applicable European law by ratifying the conventions.Nothing, however, precludes national jurisdiction to have certain rules which apply to international jurisprudence applicable to specific cases. Thus, in a case,8 it was held that a foreign judgment given by international foreign jurisdiction in criminal matters (maritime collision) effect on the civil judicature deducted national judgment (payment of compensation due to the accidental clash) only in the conditions of application of exequatur before domestic laws, in other words the authority of a final decision of a foreign judgment can be invoked and takes effect before the Court only if they comply with national and under the conditions required by national judicial proceedings.Interpretation of treaties or international conventions (so no jurisdiction authority) is a part of international jurisdiction, which affects the national jurisdiction, which must take into account in its work the loose issues. …
Publication Year: 2013
Publication Date: 2013-07-01
Language: en
Type: article
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