Domenico Borghesi

Negotiation and Jurisdiction

  • Abstract

Informations and abstract

Keywords: Negotiation of Collective Agreements; Trade Unions' Legitimacy to Take Legal Action; Mediation and Arbitration; Enforceability of Collective Agreements.

The article investigates the relationship between the negotiation of collective agreements and the Trade Unions' effective governance of their application. Trade Union's legitimacy to take legal actions, Trade Unions' participation in mediation and arbitration systems for the solution of individual disputes and the mechanisms through which the Italian Supreme Court has expanded its function over collective agreements are taken into account. Finally, a recent case of devolution to arbitration of a litigation concerning the enforceability of collective agreements is considered.

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