Umberto Romagnoli

The drift of Labour Law (why the present obliges to reckon with the past)

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Abstract

To some extent, Article 8 of Act 148/2011 represents the peak of a law policy strategy based on collective autonomy as the dominant source of industrial and labour relations rules. As a result, public law has lost importance and labour law becomes more and more "de-constitutionalized". In this regard, somebody could find Article 8 "familiar". Many labour-lawyers, in the absence of the Legislator, have built up a common box of tools used to handle extralegal materials related to labour and industrial relations in order to support the trend towards both selforganization and the construction of a legal order pretending the same dignity of the State legal order. Insofar as they have ceased to verify the output of their traditional cultural setting, they have late realized that it was leading them to deform the normative reality.

Keywords

  • collective autonomy
  • labour law doctrine
  • Constitution

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