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Legal regulation of the constitutional right to form and to join a union


Author: Foca Marian
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2011
Scientific adviser: Ion Guceac
doctor habilitat, professor, Moldova State University
Institution: Institute of History of the ASM
Scientific council: DH 15-12.00.02-27.03.08
Institute of History of the ASM

Status

The thesis was presented on the 23 December, 2010
Approved by NCAA on the 24 February, 2011

Abstract

Adobe PDF document – 0.63 Mb / in romanian

Keywords

fundamental rights, social-political rights, social-economical rights, right to association, union, union rights, social dialogue, three-way social co-decision.

Summary

Thesis structure: introduction, four chapters, general conclusions and recommendations, bibliography consisting of 167 titles, 109 pages of basic text.

Number of publications on the thesis topic: The obtained results have been published in 16 scientific papers.

Study domain: Constitutional Law

Goals and objectives of the paper. The main purpose if the paper is to make a complex study of national and international regulations of the right to form and to join a union, as well as to analyze the role of the unions in the protection of rights and interests of the employees. In order to obtain the desired result certain objectives have been plotted: reflection upon the treatment of the right to form and to join a union in Romanian and Moldavian legislation, by means of international regulation; emphasizing the functions of union-type organizations in the mechanism of protection of rights and legal interests of employees; analysis of the methods and forms of implication of unions in dialogue and three-way social co-decision, as well as in the process of regulation of the limits of the right to associate.

Scientific novelty and originality. The innovative character of the investigations is due to the analysis of the right to form and to join a union under all aspects. The thesis examines in detail the issues regarding the perfection of the activity of consent, by the judiciary, of constitutive documents and their modification of the organizations statute, as well as the implications that arise from the methods of action of different state authorities under direct coordination and in collaboration with different international organisms. The originality of the paper is due to the object of study, which hasn‟t been developed in the constitutional doctrine of Romania and the Republic of Moldova.

Theoretical value and the applicationvalue of the paper is derived from the summaries of analysis carried out during the investigation. The scientific results can be used by the authorities involved in the struggle for social peace (unions, state organizations) in the following practical purposes: to stimulate law research through the acceptance of the formulated proposals, with the purpose of perfection of legislation and translate that legislation into legal practice, into the process of legal professional education, recycle and modernize the structure of the state authorities involved in social and work related activities, solving of some causes of labor law.

Implementation of scientific results. The implementation of the recommendations regarding the modification of the legal framework of union law, which in turn will perfect the mechanism of protection of constitutional rights and liberties of employees, permit the unions to accomplish efficiently a number of primary and secondary functions, exclude interpretations of basic union competences, of union federation and confederation. A substantial contribution in this matter is expected from the Parliament and Government of Moldova and Romania, which have to pursuit modification and development of legislation in this matter