Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Pietro Lambertucci
Publishing Year 2017 Issue 2016/152 Language Italian
Pages 22 P. 619-640 File size 236 KB
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In the first place the essay analyzes the international source and the ECHR decisions regarding the dispute between associations of the military and France. Then the essay examines the argumentative uncertainties of the Constitutional Court and the "limits" of the "internal" collective representation regulated by the military organization, in relation to members of the military police forces and the armed forces’ system. The military organization can benefit from a mere conciliation power with public authorities, pursuant to Legislative Decree n. 195 of 1995, while law n. 121 of 1981 recognizes, to those belonging to the State Police, the freedom to form a union and a "minimum threshold" of trade union rights with the possibility for the union to initiate a negotiation process. Given this context, the essay identifies the most relevant points of the proposed reform for the military representation, and it calls for a real union negotiation for the regulation of the employment relationship, a recognition of trade union rights and the application of Article 28 of the Statute of workers to grant effectiveness to the new legislative framework.
Keywords: Military; Freedom of association; Union representation; Collective representation; collective bargaining process; Trade union rights.
Pietro Lambertucci, Verso la rappresentanza sindacale dei corpi militari? in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 152/2016, pp 619-640, DOI: 10.3280/GDL2016-152004