Prime osservazioni sul rapporto di lavoro nelle società a controllo pubblico dopo la sentenza della Corte costituzionale n. 251/2016 = First observations on the employment relationship in publicly controlled companies after the judgment of the Constitutional Court n. 251/2016. WP C.S.D.L.E. “Massimo D’Antona”.IT – 319/2017

Mezzacapo , Domenico (2017) Prime osservazioni sul rapporto di lavoro nelle società a controllo pubblico dopo la sentenza della Corte costituzionale n. 251/2016 = First observations on the employment relationship in publicly controlled companies after the judgment of the Constitutional Court n. 251/2016. WP C.S.D.L.E. “Massimo D’Antona”.IT – 319/2017. [Policy Paper]

PDF - Published Version Download (597Kb)

Abstract

After the ruling of the Constitutional Court n. 251/2016, the regulation of subordinate employment in by public administrations controlled companies is potentially unconstitutional to the extent to which the provisions of the decree n. 175/2016, as well as those of its enabling act n. 125/2015, infringe the legislative competence of the regions. The essay highlights the regulation of subordinate employment must be attributed to the exclusive statual legislative competence in matters of civil legal system, especially taking into account the auonomy relationship between a controlled company and its controlling public administration. At the same time, however, justifiable doubts of constitutionality can be arosen for transitory personnel regulation - which is largely connected to relevant regional procedures and formalities - and to the rules on staff reabsorption in case of reinternalization of duties or services, to the extent to which it involves regions. In both cases the principle of loyal cooperation could be violated because of the encroachment on the residual legislative regional competence about administrative organization.

Actions (login required)