The article aims to analyze the relationship between trade union organizations and the new collective redress instruments provided under Law n. 31/2019. After a brief introduction to these new instruments and to the reasons why they are relevant to labour law, the article assesses their actual use by trade union organizations, reflects on the main issues addressed by case law, their impact on the way we are used to thinking about the notion of collective interest, and their potential in terms of access to justice and the effectiveness of labour law regulations. Finally, it discusses the tensions that may arise from the use of these instruments in relation to the way they question the traditional role of the judge in civil law systems and their potential impact on the overall objectives of trade union action.
Sindacato e nuove azioni di "classe"
Protopapa, Venera
2024-01-01
Abstract
The article aims to analyze the relationship between trade union organizations and the new collective redress instruments provided under Law n. 31/2019. After a brief introduction to these new instruments and to the reasons why they are relevant to labour law, the article assesses their actual use by trade union organizations, reflects on the main issues addressed by case law, their impact on the way we are used to thinking about the notion of collective interest, and their potential in terms of access to justice and the effectiveness of labour law regulations. Finally, it discusses the tensions that may arise from the use of these instruments in relation to the way they question the traditional role of the judge in civil law systems and their potential impact on the overall objectives of trade union action.
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