Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Patrizia Tullini
Publishing Year 2016 Issue 2016/150 Language Italian
Pages 26 P. 291-316 File size 261 KB
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The Author proposes a reflection on the effectiveness of the workers’ fundamental rights, starting from the crisis of this principle in the legal debate at national and European level. The survey plans are two and call into question distinct protagonists: the plan for the judicial protection of the workers inviolable rights and the plan concerning the implementation of these rights by the legislature. From this point of view, the principle of effectiveness has inspired a powerful light on the crisis legislation, encouraging a wide debate on the inviolable core of the fundamental rights and on the level of social rights implementation. In the perspective of judicial review, the essay analyses the different instruments of protection (in particular, compensation for damages and indemnity) to assess their compatibility with the principle of effectiveness. Finally, it invites to consider the opportunities offered by general rules of civil law and especially by the new category of protection invalidity, formulated by the jurisprudence according to European consumer law, which may perhaps open a new route to the effectiveness of the workers fundamental rights.
Keywords: Workers Fundamental Rights; Enforcement; Protection
Patrizia Tullini, Effettività dei diritti fondamentali del lavoratore: attuazione, applicazione, tutela in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 150/2016, pp 291-316, DOI: 10.3280/GDL2016-150004