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Dr Bohdan Zdziennicki

Dr Bohdan Zdziennicki, doctor of law, long-term judge of the Supreme Administrative Court, retired judge of the Constitutional Tribunal, President of the Constitutional Tribunal in 2008–2010.

 
DOI: 10.33226/0032-6186.2022.9.2
JEL: K30, K31

The author analyses the constitutional aspects of exercising administration of justice in labour matters. Assuming that the constitution gives the highest rank to human work, and thus also to the related legislation, and the primary law of the European Union refers to the same systemic principles, the author notes that with regard to meeting basic employees' rights the law may interfere only to the extent necessary for implementation of specific constitutional values and principles. He emphasizes that the formalism (rigidity) of extensive and not always coherent regulations of labour and social security law should be soothed by a judges' conscience. It is about establishing case by what can be defined as just conditions of social cooperation.

 

Keywords: administraction of justice; employment; consitution; labour law