The application of administrative law by labor justice: theoretical bases of labor administrative litigation

Abstract

This paper analyses the uses of administrative law by the labour courts when resolving conflicts and controversies within their competence. With this objective in mind, it outlines the areas in which some of the most intense interactions between labour and administrative law take place, with emphasis on the identification and solution of antinomies and lacunae as the criteria for organising these interactions in accordance with the rule laid down in article 1, paragraph 3, of the Labour Code. The following are proposed as variables that justify the application of administrative law by the labour judiciary: (1) the absence of gaps in administrative law and (2) the operability of the principle of conforming interpretation as a technique of normative coordination between administrative and labour law.