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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]

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    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.

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    Item Type: Policy Paper
    Subjects for non-EU documents: Countries > Italy
    EU policies and themes > Policies & related activities > employment/labour market > employment/unemployment
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > University of Catania > Department of Law, C.S.D.L.E. "Massimo D'Antona" Working Papers .IT
    Depositing User: Daniel Pennell
    Official EU Document: No
    Language: Italian
    Date Deposited: 03 Jun 2020 11:25
    Number of Pages: 29
    Last Modified: 03 Jun 2020 11:25
    URI: http://aei.pitt.edu/id/eprint/102855

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