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l bilanciamento tra le libertà economiche e i diritti sociali collettivi operato dalla Corte di Giustizia è un contemperamento tra diritti equiordinati?* = The balance between economic freedoms and collective social rights and actions; Court of Justice is a choice between rights equiordinati? Actions by the Court of Justice. WP C.S.D.L.E. “Massimo D’Antona”.INT – 98/2012

de Salvia, Azzurra (2012) l bilanciamento tra le libertà economiche e i diritti sociali collettivi operato dalla Corte di Giustizia è un contemperamento tra diritti equiordinati?* = The balance between economic freedoms and collective social rights and actions; Court of Justice is a choice between rights equiordinati? Actions by the Court of Justice. WP C.S.D.L.E. “Massimo D’Antona”.INT – 98/2012. [Working Paper]

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    Abstract

    In the Viking and Laval judgments and more recently in the Comm. v. Germany ruling, the Court of Justice applied the proportionality test to collective rights, setting a series of restrictions to the exercise of the right to strike and the right to collective bargaining. The way the ECJ balances the economic freedoms and the social rights is indeed very different from that of the Italian Constitutional Court. Unlike the European Union Treaties, the Italian Constitution recognizes an important role to the right to take collective action which has to be connected with article 3, paragraph 2, consequently the right of strike is more protected than the exercise of economic freedoms.

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    Item Type: Working Paper
    Uncontrolled Keywords: Collective bargaining; trade union rights; rights of the individual; workers’ representation; strike; jurisprudence.
    Subjects for non-EU documents: Countries > Italy
    EU policies and themes > Policies & related activities > employment/labour market > employment/unemployment
    EU policies and themes > Policies & related activities > employment/labour market > industrial/labour relations
    EU policies and themes > Policies & related activities > employment/labour market > labour/labor
    EU policies and themes > Policies & related activities > employment/labour market > unions
    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 .INT
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: Italian
    Date Deposited: 15 Jan 2014 14:49
    Number of Pages: 13
    Last Modified: 11 Apr 2014 12:52
    URI: http://aei.pitt.edu/id/eprint/44480

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