Vincenzo Ferrante

Multi-Level Protection, Ambiguous Rules and the Role of Judges and of the Legislator. The case of Fixed-Term Work

  • Abstract

Informations and abstract

Keywords: Multi-level Protection, Role of Judges; Fixed-term Work.

The article investigates the reasons behind the expansion of judicial discretion in the field of fixed term work. The analysis of a number of judgments particularly leads the Author to argue that the expansion of judicial discretion in this field derives from the decreasing systematicity of the legal order which, in turn, is due to ambiguity and uncertainty of codified law and to the conflict of principles involved in the "multi-level protection". The Author underlines how, in the Eu context, the absence of a judge called to handle conflicts between National and Eu law might lead to a "bellum omnium contra omnes" in the application of the law. The conclusion is that it would be necessary to rethink the law-making process and the judicial decision making process by encouraging and developing the dialogue and the democratic political participation.

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