The Social Partners and the Welfare State in Italy: Challenges and Opportunities. WP C.S.D.L.E. “Massimo D’Antona”.IT – 388/2019

This paper offers a critical overview of the involvement of the social partners in the development of the Italian welfare state. The role taken on by the social partners in the Italian welfare system is considered a significant driving force for the development of collective bargaining at its different levels. Contractual social security is a dynamic and articulated reality in Italy, and it certainly contributes to the overall upkeep of the Italian system of industrial relations as much as to the qualitative and quantitative increase of the entire supply of social protection for workers. At the same time, the highly unequal spreading of access to forms of supplementary pensions and even more to corporate welfare, broadly speaking, with persistent discrepancies between strong or weak areas of the labour market, highlights all the limits of a system, which is typically the Italian one, that is not rooted to a strong base of universal public social protection schemes

Struttura ed evoluzione del sistema previdenziale italiano: note di ricerca = Structure and evolution of the Italian social security system: research notes. WP C.S.D.L.E. “Massimo D’Antona”.IT – 329/2017

The author sketches the evolution of the Italian social security system during the last fifty years, focusing his analysis on pensions and the protection against unemployment and testing the idea of a (gradual) «retrenchment without recalibration» recently put forward by political science scholars

Il licenziamento del lavoratore con contratto «a tutele crescenti» dopo l’intervento della Corte costituzionale = Il licenziamento del lavoratore con contratto «a tutele crescenti» dopo l’intervento della Corte costituzionale. WP C.S.D.L.E. “Massimo D’Antona”.IT – 379/2018

The author offers a critical comment on the recent decision no. 194/2018 of the Constitutional Court, by emphasising the many shortcomings still affecting the new statutory protection against unjustified dismissals as provided for by legislative decree no. 23/2015

The EU and the Industrial Relations Systems – A Critical Appraisal. WP CSDLE “Massimo D’Antona”.INT – 144/2018

At a quick and rather impressionistic glance, the sources of what can be defined as ‘European Union (EU) industrial relations law’ may appear to disclose a quite strong promotional institutional framework. EU law, at least at first sight, features a number of institutional – and properly promotional – principles concerning the role of social partners and, in particular, of European-level collective bargaining. From a comparative perspective, and even assuming as a point of reference those Member States’ constitutional systems that the ‘variety of capitalism’ approach classifies as ‘coordinated market economies’, such promotional institutional infrastructure is indeed quite unique. Commenting on the EU legal framework consolidated in the Treaty of Lisbon, Bruno Veneziani defined it as an ‘institutional ideal type of auxiliary legislation’, identifying – in the provisions on the role of the social partners within EU institutional mechanisms – at least the seeds of a model of pluralist and participative democracy based on the constitutional guarantee of collective autonomy

Un certo grado di solidarieta. Libera circolazione delle persone e accesso al welfare nella giurisprudenza della corte di giustizia delle comunita europee. = A certain degree of solidarity. Free movement of persons and access to welfare in the European Court of Justice. WP C.S.D.L.E. "Massimo D'Antona" .INT - 62/2008

No abstract

European Citizenship, Labour Law and Social Rights in Times of Crisis

The paper explores the limits and potentials of European citizenship as a transnational form of social integration, taking as comparison Marshall's classical analysis of the historical development of social rights in the context of the national Welfare State. It is submitted that this potential is currently frustrated by the prevailing negative-integration dimension in which the interplay between Union citizenship and national systems of Welfare State takes place

Europe’s Crisis‐Law and the Welfare State – A Critique. WP CSDLE “Massimo D’Antona”.INT – 109/2014

The great economic crisis – the worst and longest at least since the post-war period, which is still holding a large part of Europe in an unequal grip – has a constitutional dimension that has certainly been overlooked, compared to other more direct and visible repercussions. In recent years the measures put into force by supranational institutions, both outside and within the traditional channels of EU law, to counteract the sovereign debt crisis by deeply modifying the economic governance of the Union, have in fact ended up questioning some of the most established paradigms that have historically forged – and constitutionally legitimised – the process of ‘integration through law’. According to the most credited of these paradigms, European integration should be conceived – particularly in its foundation – as a political project, the implementation of which is essentially left to economic processes mediated by the law. The German ‘Ordoliberal’ theorists grasped the meaning of this project better than others,1 identifying the constitutional anchorage of the newly-born European Economic Community (EEC) with the fundamental economic freedoms and with the system of undistorted competition established by the 1957 Treaty of Rome. Economic and monetary Union (EMU) would have had to refine this project by bringing it to completion; but as is well known the foundation of the whole edifice started to erode soon after its construction

Il diritto del lavoro nella crisi europea (a proposito di un recente volume). WP CSDLE “Massimo D’Antona”.INT – 126/2016 = Labor law in the European crisis (about a recent volume). WP CSDLE “Massimo D’Antona”.INT – 126/2016

No abstract

Infortuni sul lavoro e responsabilità civile: vecchie e nuove questioni in tema di danno differenziale = Accidents at work and civil liability: old and new issues regarding differential damage. WP C.S.D.L.E. “Massimo D’Antona”.IT – 397/2019

This article offers a critical overview of the main questions concerning employers’ liability for accidents at work

Primi appunti sulla disciplina del reddito di cittadinanza = First notes on the discipline of citizenship income. WP C.S.D.L.E. “Massimo D’Antona”.IT – 401/2019

The paper analyses the impact of the citizenship income (Law No. 26/2019) on the Italian social protection system, critically evaluating both its strengths and weaknesses