The essay analyses the case law of national labour courts when characterised by the use of the European Union as an argument. After a premise devoted to examining the value of the Charter of Fundamental Rights in terms of justiciability of rights (individual and collective, equality and solidarity rights), the Author compares two important decisions of the Court of Justice, namely Test Achats and Social Mediation Association (SMA). Particular attention is paid to the requests for preliminary rulings made to the Court of Justice by national courts of all levels and to the dialectic interpretation in terms of conformity/non-application that is so typical of the current development of Italian labour law. The analysis highlights that the questions of method and juridical interpretation raised by the use of the EU as an argument in domestic case law need to be complemented with an assessment of the "social pressure" recorded by the discipline and connected to the decrease of protection of flexible workers at national level and to their attempt to search for a protection throughout the judicial conflict. In the meantime, it is clear that the tools available to labour courts enable a renewed assessment of the compliance of national policies with the EU law, in particular of labour policies, more or less consistent with the demands of the EU economic governance.
Giudici (quasi) federali e diritto del lavoro recente
Calafà, Laura
2014-01-01
Abstract
The essay analyses the case law of national labour courts when characterised by the use of the European Union as an argument. After a premise devoted to examining the value of the Charter of Fundamental Rights in terms of justiciability of rights (individual and collective, equality and solidarity rights), the Author compares two important decisions of the Court of Justice, namely Test Achats and Social Mediation Association (SMA). Particular attention is paid to the requests for preliminary rulings made to the Court of Justice by national courts of all levels and to the dialectic interpretation in terms of conformity/non-application that is so typical of the current development of Italian labour law. The analysis highlights that the questions of method and juridical interpretation raised by the use of the EU as an argument in domestic case law need to be complemented with an assessment of the "social pressure" recorded by the discipline and connected to the decrease of protection of flexible workers at national level and to their attempt to search for a protection throughout the judicial conflict. In the meantime, it is clear that the tools available to labour courts enable a renewed assessment of the compliance of national policies with the EU law, in particular of labour policies, more or less consistent with the demands of the EU economic governance.
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