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Diritti dei lavoratori: strumentalità del processo versus declino della tutela giurisdizionale effettiva (a quarant’anni dalla fondazione del nuovo processo del lavoro) = Workers' rights: instrumentality of the process versus decline of effective judicial protection (forty years after the foundation of the new labor process). WP C.S.D.L.E. “Massimo D’Antona”.IT – 167/2013

De Luca, Michele (2013) Diritti dei lavoratori: strumentalità del processo versus declino della tutela giurisdizionale effettiva (a quarant’anni dalla fondazione del nuovo processo del lavoro) = Workers' rights: instrumentality of the process versus decline of effective judicial protection (forty years after the foundation of the new labor process). WP C.S.D.L.E. “Massimo D’Antona”.IT – 167/2013. [Policy Paper]

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    Abstract

    The instrumentality of judicial procedure rules with regard to the effective protection of workers’ rights constitutes both an objective and, at the same time, an efficiency indicator of labour litigation law. This assumption could be considered as a key statement of Italian system, since the introduction of the new provisions on labour dispute, back in 1973. Many factors can be functional to such instrumentality of judicial rules with regard to substantive rights: not only the specific rules of procedure but also organizational practices, and hermeneutic options. A clear obstacle to the above mentioned instrumentality of the can be indicated, for example, in the widespread practice of overruling which characterized the jurisprudence of the Corte di Cassazione. And the same could be said of the excessive formalism sometimes affecting judicial decisions The analysis of the new rules recently dictated in the field of dismissal disputes (Law no. 92 of 2012) offers an occasion to illustrate these risks. The Author contends that in order to overcome such problems, a sort of “minimal procedural law” has to be devised, with a view of making it possible for the judiciary to guarantee that litigation could be effectively instrumental to the protection of substantive rights. That is - as Chiovenda theorized – to guarantee that a judicial action is “capable of giving, as far as is practically possible, to the one who has a right, everything and just what he is entitled to receive".

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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 > labour/labor
    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: 23 Jun 2020 20:40
    Number of Pages: 29
    Last Modified: 23 Jun 2020 20:40
    URI: http://aei.pitt.edu/id/eprint/103071

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