Anticipating the judge’s vocation when addressing social rights in action

DEZBATERI

Abstract

The present study aims to make the transition from the first act of the year dedicated to the memory of Prof. Viorel Mihai Ciobanu to the second act, i.e. to identify issues to which judges, whose primary role is to find the truth, should respond in the exercise of their duties in the field of social law. Starting from the significance and importance of the regulation of social rights (labour and social security law) and from considerations that highlight the evolution of the social labour relationship, the paper highlights the plurality of the notion of social rights and their normative consecration and legal regime as fundamental rights that have led, over time, to the shaping of a new paradigm of social rights in action. In turn, this paradigm will require another portrait of the judge, a vocation of the judge in the revival of European values and the substance of social citizenship, thus contributing to the self-fulfillment of man whose rights closely linked to his dignity are respected in freedom and equality.

Keywords: social citizenship, conventions, directives, social law, fundamental rights, justice, human rights, regulations, employment relationship, social security