Laura Calafà

(Almost) Federal Courts and Recent Labour Law

  • Abstract

Informations and abstract

Keywords: Employment Law; Eu Law; Judges Interpretative Techniques (Preliminary Ruling; Interpretation in Conformity with the Eu Law; Disapplication); Eu Law; National Law.

The article takes into account judgments of national labour Courts employing the European Union as an argument. After an introduction about the value of the Charter of Fundamental Rights in terms of their justiciability (individual and collective, equality and solidarity rights), the Author compares two important decisions of the European Court of Justice, namely "Test Achats and Association de Médiation Sociale" (Ams). Particular attention is paid to the requests for preliminary rulings made to the Court of Justice by national Courts of all levels and to the dialectic interpretation in terms of conformity/non-application that is typical in current Italian labour law. The analysis highlights that the questions of method and juridical interpretation raised by the use of the Eu as an argument in domestic jurisdiction need to be complemented with an assessment of the "social pressure" on labour law, which is connected to the decrease of protection of flexible workers at national level, who search for a protection throughout the judicial conflict. In the meantime, it is clear that labour courts may rely on legal tools which enable a renewed assessment of the compliance of national policies (particularly, labour law policies more or less consistent with the demands of the Eu economic governance) with the Eu law.

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