Luigi De Angelis

Economic dismissal and judiciary control

  • Abstract

Informations and abstract

Keywords: economic dismissal - judiciary control - principle of reasonableness

The author examines the jurisprudence on economic dismissal, paying attention to the main trend in the case law of the Court of Cassazione. The detailed analysis shows a contradiction in the distinction between organizational choices, which can not be examined because of the freedom of economic initiative protected by art.41 of Constitution, and the rationality of their consequences, which can ob object of scrutiny. Furthermore, the unreasonable diversity of the solutions given by the Cassazione to some similar cases, are underlined. The author suggests therefore to re-interpret the art. 3 l. n. 604/66 and the l. n. 223/91 turning to account the principle of reasonableness, considered as fair balance between rights, powers and values in each case, and to give full application to the duty to reintegration provided by art. 18 l. n. 300/70 reconsidering the rules on the executory trial.

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