2021
Ce document est lié à :
info:eu-repo/semantics/altIdentifier/doi/10.22478/ufpb.1676-4439.2021v20n2.62021
Hélène Michel et al., « Is labor justice like any other justice ? A comparison of lay judges between France, Great Britain and Germany », HAL-SHS : sociologie, ID : 10.22478/ufpb.1676-4439.2021v20n2.62021
This article takes up the main findings of an international research project that analysed and compared the roles, resources and competences of lay judges in Germany, France and Great Britain. These actors assume their role in labour courts through different institutional mechanisms in each of the countries covered: appointment by the social partners in Germany, self-candidacy in Great Britain and election in France. The research was constructed by collecting qualitative data through in-depth interviews with lay judges in the three countries. These narratives were cross-referenced with contextual information on national institutional arrangements, industrial relations and judicial procedures. The international comparison shows that in France there is a greater detachment from the law than in Germany or Great Britain, where lay judges do not play a decisive role and have more of an assisting or even legitimising function for professional judges. However, beyond these differences, the rules and constraints of the legal field are widely imposed and have a very strong effect on labour justice. As a result, labour justice tends to become more and more a justice like any other.