A actividade dos xuíces españois como factor do impacto sobre o Dereito do traballo esp6añol dos fallos do Tribunal de Xustiza resolvendo peticións de decisións prexudiciais en asuntos afectados por normas de política social da Unióncambios normativos, inaplicación de preceptos e interpretacións conformes

Abstract

The Court's rulings ruling questions referred in disputes in which the applicable national rules must respond to an appropriate transposition and interpretation of EU rules regulating matters social policy undoubtedly amplifies the impact of EU social law on the labour law of each Member State. That amplification is all the greater the higher the number of the above-case judgments, in particular those aforeshed in questions referred for a preliminary ruling by the courts of the Member State concerned. In the case of Spain, the amplification is higher than that which can be seen in other Member States. This is as a result of the dramatic increase in questions raised by judges and courts. The Spanish courts have become the most active of the Member States in the approach of questions for a preliminary ruling in cases of the type referred herein. To be more precise, a few judges and courts have made the Spanish courts the most active, leading to a high number of court rulings on a wide range of matters on which the Spanish labour law of application corresponds to an appropriate transposition and interpretation of the rules through which the Union exercises its social policy powers. Although the impact of the above-all judgments and documents on that legislation, on the jurisprudence and judicial doctrine that interprets and applies it and on the practices of employers is preached by each and every decision of the Tribunal, its intensity varies depending on the matters prosecuted by it and, of course, the meaning of the judgment issued. Among the strongest forms of impact are the three examined in the study presented, as defined by the amendment of provisions of Spanish labour law, the non-application of some of those provisions by the courts and the consistent interpretation of others.