Maria Vittoria Ballestrero

The Constitutional Court overruled the Legislative Decree No. 23/2015. But do remedies really grow after the Court's intervention?

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Keywords: Constitutional Court; Unfair Dismissal; Remedies.

In this essay, the author comments on the recent judgment by the Constitutional Court that partly overruled the regulation of unfair dismissal established by the legislative decree no. 23/2015, namely, the provision that states a rigid and automatic predetermination of the flat-rate compensation due to the worker in case of dismissal without justified reasons. The author critically analyses the Court's arguments relating to the unequal treatment of workers by reason of the date of their recruitment. She considers that, contrary to the Court's opinion, there is a conflict between the remedy provided for the workers to whom the decree applies and the constitutional principle of equality, as well as with the principle of the necessary adequacy of remedies established in the European Social Charter.

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