Claudio Di Turi

Freedom of Association of Military Staff and the European Social Charter in the Recent Case-law of the Italian Constitutional Court

  • Abstract

Informations and abstract

Keywords: Freedom of Association; Military Personnel; European Social Charter; Direct Applicability; European Committee of Social Rights; Italian Constitutional Court.

In its judgment n. 120/2018 concerning freedom of association of the military personnel, the Italian Constitutional Court makes for the first time use of the European social Charter to declare the incompatibility with the Italian constitutional Charter of a domestic rule, even if it does not recognize to the European social Charter direct applicability. Besides this, emphasis is added to the Constitutional Court refusal of letting the decisions of the European Committee of social rights to have binding value. In the concluding remarks, an amendment to the European social Charter aimed at increasing the strength of the European Committee of social rights' decisions is suggested.

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