The Charter of Nice in the law in action: an investigation into the judges’ statement of reasons (2000-2008). WP C.S.D.L.E. "Massimo D'Antona" .INT - 74/2009

The first part of this work is dedicated to European Courts decisions and to the Advocate General’s Conclusions; the second part is dedicated to domestic judges' decisions. The abovementioned division of the work aims to highlight if and to what extent the attitude demonstrated in comparisons of the same "phenomenon" by supranational judiciary and national judiciary – who are considered EU judges of the first level – is different, and to identify the various consequences that it determines

Immigration in Italy: An overview

The expansion and the rooting of non European immigrants which is taking place in the more advanced European countries, mirror a world context which is marked by imbalances both in terms of growth and welfare. A correct analysis of migration, of its structural characteristics and of the new dynamics of migration flows must consider the globalisation process as well as the effect that this is having with regard to the movement of people, in this context the pull and push factors mutually reinforce a phenomenon which can influence either in a positive or in a negative way the international relationships among countries. In the last quarter of the century, a steady increase of migrants have crossed Europe; this has generated a complex relationship made of integration and rejection, adaptation and conflicts, which has influenced all aspect of both economic and social life, producing new phenomenon, giving birth to new problems which require new approaches and solutions. Italy is part of such depiction since has witnessed in the last decades, a solid influx of immigrants which have increased with a high rate of growth. In fact in 2006 Italy with 2,938,922 legal immigrants, appears to be among the major destination of migrants in Europe, following Germany, Spain and France with 7,287,980, 3,371,394 and 3,263,186 immigrants respectively and just before Great Britain with 2,857,000 immigrants. Using the available statistical data, disaggregated at national, regional and provincial level, it will be possible to have an overall picture of the phenomenon described above and to compare the Italian case with the events in the other European countries. In this way we can have a better understanding of the process underlying migration in order to identify future scenariosInternational Migration, Europe, Italy

Il sindacato tra funzioni e valori nella ‘grande trasformazione’. L’innovazione sociale in sei tappe = The union between functions and values in the 'great transformation'. Social innovation in six stages. WP C.S.D.L.E. “Massimo D’Antona”.IT – 394/2019

Starting from a recognition of the recent scientific debate on the crisis of the representative role of trade unions, the Author deals with the issue of disintermediation in the post-fordist/uberized economy and with its possible causes. After this introduction on the alternative between the two opposite poles of a nostalgic retreat in a past of glorious unionism or, on the contrary, the acknowledgment of the end of the intermediating and representative role of trade unions, the Author focuses on a possible path of reconstruction of the strategic capacity of trade unions. The renewal strategy, in the Author’s reflections, should be focused on collective - different, but interrelated - strategies ‘enlightened’ by six “polar stars” (values) towards which this path should be directed: unity in pluralism, equality, freedom, participation, solidarity, democracy

La rappresentanza delle organizzazioni di interessi tra disintermediazione e re-intermediazione = The representation of interest organizations between disintermediation and re-intermediation. WP C.S.D.L.E. “Massimo D’Antona”.IT – 326/2017

In the paper, the Author focuses on the topic of interests’ organizations, trying to go beyond the boundaries of traditional forms of representation and to broaden the scope of the reflections in this field. The analysis therefore focuses on some sectors traditionally neglected by Labour law scholars and, in particular, on the subject of employers’ organizations. The path along which the analysis is conducted evolves through the identification of trends, coexisting in the current system of industrial relations, of social disintermediation and, at the same time, of reintroduction of forms of intermediation and/or of social representation (both classical and “new generation” ones)

L’Europa sociale e il diritto: il contributo del metodo comparato [Social Europe and the law: the contribution of the comparative method]. WP C.S.D.L.E. "Massimo D'Antona" .INT - 94/2012

The essay explores the evolution of comparative law and the contribution of its more recent methodological results on the process of European social integration through law. The analysis of the comparative method in general glides on a discipline, such a as labour law, traditionally linked to the "nomos" of the nation state and looks at the process of its own supranationalization through the lens which is the comparative method; a method used mainly by the juridical format (national and supranational courts). The analysis focuses on the fixed term contract and on the vexing question of collective social fundamental rights vis a vis fundamental economic freedoms in the EU where national constitutional traditions and supranational principals risk collision due also to the comparative method

I diritti dei lavoratori digitali nella prospettiva del Pilastro sociale. WP CSDLE “Massimo D’Antona”.INT – 146/2017 = The rights of digital workers in the perspective of the Social Pillar. WP CSDLE “Massimo D’Antona”.INT – 146/2017

No abstract

Nuove traiettorie del diritto del lavoro nella crisi europea. Il caso italiano. WP CSDLE “Massimo D’Antona”.INT – 111/2014 = New trajectories of labor law in the European crisis. The Italian case. WP CSDLE “Massimo D’Antona”.INT – 111/2014

No abstract

Environmental migration in the Mediterranean area: the case of the MENA countries

The study offer a contribution to the analysis of the problems linked to the environmental migration focusing on a specific Mediterranean area, that of the Middle East and Northern Africa. After a brief analysis of the socio-economic and environmental context, used to describe the vulnerability features of the area, the studies will assess the regional migration system particularly the so called "forced migrants". Due to the lack of an accepted common international definition of environmental refugees, following the most recent literature in this study we have used the definition of forded migration to assess the environmental migration. This in fact, among the causes of migration considers not only the "physical environment" but a plethora of socio economic factors which interact among themselves and force people to migrate. In this definitions we include: Internal Displaced Persons, forced to move for the modification of the habitat where they live caused by natural or human disasters but also Migrants and IDPs forced to move due to the implementation of developmental project such as the construction of mega infrastructure such as dams, or the mining and deforestation activities, as well as the the migrants who sick asylum due to conflicts, civil wars or internal persecutionMigration, Environment, DEvelopment

Per un ragionevole, e apparentemente paradossale, compromesso sull’art. 18: riformarlo senza cambiarlo = For a reasonable, and apparently paradoxical, compromise on art. 18: reform it without changing it. WP C.S.D.L.E. "Massimo D'Antona" .IT - 140/2012

This article provides an analysis of recent debate about the reform Article 18 of “Statuto dei lavoratori”. The author finds two main reasons of the popularity of the Article 18: a current reason (the relation between the protection provided for by the Article 18 and recent debate about precarious workers) and a traditional reason (the symbolic value of Article 18) and suggests four possible reforms of current rules of dismissal: introducing fair dismissal on grounds of poor performance ); amending rules on dismissal based on economic reasons; modifying judicial interpretation of the criteria for the selection of the workers, in collective dismissals; amending current too sever remedies to unfair dismissal. The article highlights that this reforms can be enforced regardless of any changing of the Article 18