Potestà legislativa statale e riserva sindacale di contrattazione collettiva nella disciplina del lavoro pubblico regionale. A proposito della riforma degli statuti speciali di autonomia

Mastinu, Enrico Maria

2022-01-01

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Abstract

The essay critically analyzes the constitutional court’s jurisprudence on the division of competences between law and collective bargaining in the regulation of regional public employment. Proposes an interpretation of Article 117 of the Constitution, which would grant: to the ordinary regions the competence only on the internal administrative organization; to the State the exclusive competence on the fundamental institutes or on the ordinamental aspects of the discipline of the relationship of individual job; and to the union the competence on the particular elements of public labor relations. It concludes with a proposal to amend the statutes of autonomy of the five special regions, which would make their legislative powers equal to those of the ordinary regions.