The renovation of the social justice

[Critical valuation of the reform that culminates with the imminent new Law of Labor Procedure]

Abstract

The Law of Labor Procedure (LLP) of 1990 supposed a deep renovation of the Social Procedure, incorporating new technologies and of forefront, of high procedural engineering in that moment, which they supposed little less than a revolution in the jurisdictional Spanish context and brought with it an incontestable success. Nevertheless, the institutions of the social order supported badly the passage of time (partly for the innovation of other procedure laws that made obsolete some institutions of the social procedure; partly for the own lacks that the passage of time revealed). It is necessary to say that there took place a premature aging, which carried to a series of partial reforms (all of them analyzed in the article) that could not avoid, however, certain malfunctions.

Spanish government has sent to the parliament the new text of the LLP that, though he respects the structure of the previous one, incorporates important reforms that are commented in the present work of investigation and they will to help to settle numerous practical detected problems and to return to the Social Justice to that one been of brilliance.

This way, and following both big axes marked in the own exposition of reasons of the imminent new LLP, there is analyzed, first, the process of extension and rationalization of the competencial field of the social jurisdition, by means of which the legislator claims that be substantiated before the social order all the questions connected with the labor world, included aspects as slippery as the challengings of the administrative acts in labor matter or the integrity of pretensions on work accidents.

In the second term, the numerous measures are valued introduced along new articulated text to try to obtain his modernization; it finishes the test with a critical reflection on the successes and mistakes of the attacked reform.