DISCUȚII PRIVIND COMPETENȚA SOLUȚIONÃRII DE CÃTRE INSTANȚELE JUDECÃTOREȘTI A LITIGIILOR AVÂND CA OBIECT STABILIREA ȘI PLATA INDEMNIZAȚIEI DE ȘOMAJ

The author debates on the issue of ratione materiae jurisdiction in settling disputes on unemployment allowance assessment and payment regulated by Law no. 76/2002, given that the aforementioned law relates only generically to material jurisdiction of courts, i.e. cases as such are settled by “relevant” courts’ jurisdiction under the law. Undertaking a thorough analysis of purports of Law no. 76/2002, the Code of Civil Procedure, and Law no. 168/1999 on labor disputes, the author concludes that, in this particular case, the relevant jurisdiction lies with the tribunal the plaintiff’s residence / headquarters in registered with, and not the judicial court of law.