Las cuestiones prejudiciales planteadas por órganos judiciales españoles en materia laboral

Abstract

I have intended, through this study, to highlight the importance that, in the field of Spanish Labor Law, the incorporation of our country into the European Union in January 1986 had; importance that we emphasize through the detailed analysis of each of the preliminary issues raised by the different internal judicial bodies, from the first one, which coincides temporarily with the year of its incorporation into the European project, until the last one, dealt with just a few months ago. This work is carried out by someone who practises his professional activity in the courts and tribunals, and who is aware that the greatest transformations in our labor relations system in the last 35 years have been motivated by resolutions of the Court of Justice of the European Union and, mainly, as a consequence of the presentation of preliminary questions, through the procedure that has been described as a “crowning jewel” that has given meaning to European Union law. However, the work is not limited to the analysis of the decisions of the Community Court but rather its study has tried to be more ambitious; Thus, we have started from the judicial decree that raises the issue - (with the dissection of the factual and legal problems of the litigation in question, confronting the national and community regulations) - and having reviewed the conclusions of the General Advocacy, taking into account the assessments made, in some cases, by the different Member States and the Judgment or Order of the CJEU responding to the raising of the question, we have tied the subsequent reception by the referring body, to through the resolution of the dispute, ending with the acceptance of the ruling of the Luxembourg Court by the other judicial bodies, with a joint assessment of each of the preliminary rulings. In order for the study to respond effectively to the stated objective, we have chosen to structure it in different sections. In the first of them, in a GENERAL way and procedural nature, we have approached the Court of Justice of the European Union since its constitution, being still hot the weapons of the terrible European battles of the 20th century, to then address its organic composition and competences and, of course, the “question for a preliminary ruling”, with a delimitation of its scope, conditions of use of the approach, evolution, informative notes and recommendations. From a substantive scope, the work has tried to dissect the different themes and structure, in an appropriate index, the main issues resolved by Order or Sentence of the CJEU, in response to the numerous preliminary rulings formulated by the different Spanish judicial bodies, specifying, in each of them, the normative delimitation and the general objectives and measures to be adopted, including a brief joint assessment. The sections considered recognize the main themes: non-discrimination, working time, contractual modalities, business vicissitudes, contract termination, occupational health and safety, adding procedural aspects and other questions of interest. The SPECIAL part integrates the analysis of the different preliminary questions referred, encompassing them in the eight matters mentioned above. We turn to the proposal judicial decree, as the germ of each one of the questions, synthesizing the problem raised, the applicable regulations and the contemporary jurisprudential criteria; We address, due to their relevance, the criterion of General Lawyers and, finally, the resolution of the CJEU, making a "return trip" to our country to verify the impact that the specific case resolved in Luxembourg has had, not only in the Sentence of the Spanish judicial body, but in the evolution of the law itself embodied both in the judgments that, unrelated to the specific conflict that raised the preliminary ruling, echo the doctrine of the CJEU, as in the works of the academic Doctrine. The work closes with a "panoramic synthesis" and "conclusive note", as a compilation reflection, which is followed by the bibliography reference used and annexes that contain the judgments and judicial decrees studied, classified chronologically, by subjects and by provisions analyzed. , which allows the reader a quick visualization and thematic location.