Giulio Centamore

Statutory law and collective autonomy: a critique of the literature on bilateral inderogability

  • Abstract

Informations and abstract

Keywords: Statutory Law; Collective Autonomy; "Inderogability".

In this essay the author deals with the issue of the relationship between statutory law and collective bargaining, taking into account the possibility that the traditional view of the relationship between these sources of law, based on the principles of hierarchy and of "favor", might be out-dated. Specifically, the author questions the thesis of some Italian scholars, who maintain that a relationship of bilateral inderogability exists between statutory law and collective bargaining. For this purpose, this paper provides an analysis of the issue of the statutes' references to collective bargaining with respect to the rule regarding atypical (or flexible) jobs, as well as of the case law of the Italian Constitutional Court dealing with the limits imposed to collective bargaining.

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