Health and safety at work and regional law making competencies

Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Piera Campanella
Publishing Year 2010 Issue 2010/127
Language Italian Pages 40 P. 415-454 File size 590 KB
DOI 10.3280/GDL2010-127002
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The essay enquires into the relationships between state and regional normative sources in the new Italian health and safety system of rules. The analysis shows that these rules are based on an entangled approach to competencies at different levels and on a wide use of "fair cooperation method". On one side, this choice is consistent with the constitutional jurisprudence, but, on the other, it’s not capable of granting a full legal coverage, because it’s not possible to stop the regions from enacting laws on the subject of health and safety, nor to prevent the emerging of some constitutional issues. So, a clearer reconstruction of legislative power distribution among the different institutional levels concerned can not be avoided, trying to give a sound space to a regional set of rules; this point, could, in any case, be already derived, at least in part, from the existing regional provisions and, above all, from some pieces of constitutional jurisprudence.

Keywords: Health and Safety at work, Italian Constitution article 117, Distribution of legislative competencies between state and regions, Legislative decree No. 81/2008, Uniform protection at national level, Regional legislative competencies

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Piera Campanella, Sicurezza sul lavoro e competenze legislative delle regioni in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 127/2010, pp 415-454, DOI: 10.3280/GDL2010-127002