1,720,958 research outputs found
La riforma del lavoro è la soluzione alla crisi?
No full textThe rhetoric question posed in the title implies a negative answer and the author explains the reasons why the reform of labour is not the solution of the crisis: simply because the crisis does not spring from labour, its cost or its organization. The author argues this idea in a short essay characterized by a very militant style
Crisi, modello europeo e riforma del lavoro [Crisis, European social model and work reform]
No full textStarting from a synthetic reconstruction of the historical and systemic roots of labour law of the European social model, the author describes the "neo-liberal" evolution of Europe during the last decades, considered as a "liberalistic drift". The crisis has been approached by governments and political centre-rights majorities assuming labour law as responsible of the occupational situation and, as a consequence, the insisted demand of flexibility and of cuts in public social expenditure. On the contrary, the author asserts that the crisis is due to other factors, such as the financial structure of global economy and some choices of governments in the first phase of the crisis itself. The paradoxical result being that those who have no responsibility - workers, pensioners and in general lower social classes - are going to carry its heaviest burden. At the same time the author underlines that the crisis could be also an opportunity for the European trade union movements to mobilize their forces to contrast the liberalistic drift and in view of a project of sociality and democracy
Il decreto legislativo 26 marzo 2010, n. 59 e l’esclusione di alcuni servizi dal suo campo di applicazione. Profili di diritto sociale.
No full textRecepimento della direttiva servizi e campo di applicazione
The severe crisis of Labour Law
No full textIn this abridged version of his introductory report to the 10th European Congress of Labour Law (Sevilla, Spain 23-25 September 2011) the author sketches the main features of the present crisis of Labour Law. The main chapters of this crisis are considered to be the consequences of the changed relationship between the recent economic developments and the institutional framework in democratic societies. Particularly, unemployment is the elements which challenges Labour Law and - at least according to some approaches - is going to change its very nature: from rebalancing the power of the parties to the creation of employment opportunities. The author concludes on this point asserting that Labour Law must continue to guarantee dignity and freedom of workers even taking into account the context of new economic conditions
Servizi, Solidarietà e Mercato in Europa
No full textThis research has been inspired from the interconnection between employment /labor law issues and the EU rules governing circulation of services and the cross-borders market thereof.
Such subjects are widely debated during European summits, symbolizing an unsettled tension between droit sociale and market economies. Accordingly, they are highly controversial and multi-faceted.
This thesis focus on two main aspects of the above-mentioned subjects, a dynamic one (circulation and access to social services) and a static one (competition and derogation regime for the operation of services of general economic interest, pursuant to Article 106.2 TFEU).
Given to the scarcity of specific statutory provisions, the Author has attempted to outline a more complete, defined and certain legal framework through a deep study of the acts of EU Institutions and the (often) self-contradictory case law of the Court of Justice of the European Communities .
Affirmation of the rights of citizenship - rather than economic freedoms or fair competition - has been the point of reference of this research.
The expediency of adopting a European general Act on the legal basis of 14.1 TFEU has been assessed, also trying to indicate the most effective type of act (directive, regulation) in order to counter an unbalanced application of market rules, enhanced by the current ambiguity of regulation: this in order to preserve the European Social Model, its existence being dependant (also) upon an appropriate body of social services
Dalle Corti al legislatore e dal legislatore alle Corti: lo strano caso dell'efficacia retroattiva della norma che impone la doppia iscrizione previdenziale al socio-lavoratore e amministratore di srl
No full textEfficacia retroattiva della norma che impone la doppia iscrizione previdenziale al socio-lavoratore e amministratore di sr
Mancata adozione del regolamento interno delle cooperative e natura subordinata dell’attività svolta dal socio d’opera
No full textCommento alla sentenza Tribunale civile, sez. lavoro, Ferrara, sentenza 07/10/2011, n. 26
L'assistenza alle persone non autosufficienti. La funzione di cura tra forme di tutela esistenti e nuove prospettive.
No full textThe authors propose to reconstruct the legal framework of the forms of protection for caregivers, i.e. people who assist subjects unable to handle autonomously the satisfaction of the most elementary needs of their daily lives. The aim is to verify the correspondence of the current system of protection to the constitutional principles, particularly regarding to the founding value of work and the continuous evolution of the concept of family, and the properness of this one to face the great appeals of conciliation between work- life and family- life
El Derecho Europeo Aplicable a los Servicios (Sociales) de Interés General. REVISTA DEL MINISTERIO DE TRABAJO Y ASUNTOS SOCIALES
No full textRicostruzione del quadro giuridico europeo dei servizi di interesse general
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