1,475 research outputs found
Round Table: implementing the EU Directive on adequate minimum wages in southern Europe: the odd case of Italy
No full textSouthern European countries, with their apparently high degree of collective bargaining centralisation and state regulations, may seem to be little affected by the EU Directive on adequate minimum wages. This article looks at the case of Italy, the EU country generally reported to have the highest collective bargaining coverage in Europe, to show how the situation on the ground is more problematic than conventional indicators suggest. Not only does Italy lack a national minimum wage and a legal framework for collective bargaining extension, but its apparent high level of collective bargaining coverage is vulnerable to wage dumping practices. The article identifies the weaknesses of the Italian system and proposes some possible lines of reform. © The Author(s) 2023
L' efficacia delle fonti internazionali del lavoro nell’ordinamento italiano: un problema ancora aperto
No full textThe essay addresses the question of the effectiveness of international labour sources in the Italian legal system, through the analysis of the case law of the Constitutional Court on the matter before and after the 2001 constitutional reform. In particular, attention is paid to the ILO Conventions, with respect to which a clear orientation by the Court has not yet taken shape.Times Il saggio affronta la questione dell’efficacia delle fonti internazionali del lavoro nell’ordinamento italiano, ripercorrendo l’evoluzione della giurisprudenza della Corte costituzionale in materia precedente e successiva alla riforma costituzionale del 2001. In particolare, l’attenzione è posta alle Convenzioni OIL, rispetto alle quali non ha ancora preso forma un chiaro orientamento giurisprudenziale.Times Il saggio affronta la questione dell’efficacia delle fonti internazionali del lavoro nell’ordinamento italiano, ripercorrendo l’evoluzione della giurisprudenza della Corte costituzionale in materia precedente e successiva alla riforma costituzionale del 2001. In particolare, l’attenzione è posta alle Convenzioni OIL, rispetto alle quali non ha ancora preso forma un chiaro orientamento giurisprudenziale
Enforcing EU Law via Collective Action
No full textThe author addresses the issue of the enforcement of EU law through collective action, which is intertwined and overlaps with the broader issue of the enforcement of the right to strike through EU law. To do so, he questions whether, and how, there are legal instruments in EU law to protect collective action that can ensure its exercise even when national law does not recognise it as an enforcement tool
An Internationally oriented interpretation of EU law on public procurement: strenghtening labour clauses through ILO Convention No 94
No full textThe paper explores the issue of working conditions and labour clauses in public procurement. It provides an analysis of the content of ILO Convention no. 94, as interpreted by the CEACR, as well as of the relevant EU legal framework, in order to clarify if and to what extent the obligations under international labour law differ from those set by the EU norms that protect competition and economic freedoms. The EU legal framework is extremely complex and not free from uncertainties, fuelled by a controversial case law of the Court of Justice, which has addressed, several times, the compatibility of labour clauses with the freedom to provide services. Moreover, both Directive 2014/24 and Directive 96/71 ignore ILO Convention no. 94. Consequently, an evident problem arises, especially for those States that do not provide for generally binding collective agreements, and, hence, may easily incur in violations of the internal market principles.
The aim of the paper is to provide an interpretation of the founding principles of the internal market integration harmonious with the applicable international labour standards, implemented by numerous national laws. The solution is to be found in the proper application of Article 351 TFEU, which may prevent the risk of denouncing ILO Convention no. 94. In order to avoid an irreparable conflict between EU law and ILO sources, the authors try to avoid a shallow interpretation of the standards set by the latter. They rather opt for resolving ambiguities and uncertainties of the CJEU’s case law in a way that promotes the maximum employment standards in public procurement, precisely by promoting the ILO norms, as sources that concur to define the EU general principles on labour
L’art. 24 della Carta sociale europea e i possibili effetti della decisione del Comitato europeo dei diritti sociali “Cgil v. Italy” sulla disciplina del licenziamento
No full textReliability, validity, and responsiveness of the Locomotor Capabilities Index in adults with lower-limb amputation undergoing prosthetic training
No full textFranchignoni F, Orlandini D, Ferriero G, Moscato TA. Reliability, validity, and responsiveness of the Locomotor Capabilities Index in adults with lower-limb amputation undergoing prosthetic training. Arch Phys Med Rehabil 2004;85:743-8. Objective To assess the reliability, validity, and responsiveness of both the standard and revised Locomotor Capabilities Index (LCI) in people with lower-limb amputation who undergo prosthetic training. Design Reliability and validity study. Setting Two freestanding rehabilitation centers. Participants Fifty inpatients with a recent unilateral lower-limb amputation. Interventions Not applicable. Main outcome measures The standard LCI and a new version with a 5-level ordinal scale (LCI-5) were tested for internal consistency, test-retest reliability, ceiling effect, and effect size. The construct validity of both versions was analyzed by correlation with the Rivermead Mobility Index, a timed walking test, and the FIM instrument. Results The Cronbach α of both LCI versions was .95. The item-to-total correlations (Spearman ρ) ranged from .50 to .87 (P<.0001 for all). The percent agreement and κ values for the item scores ranged, respectively, from 78.4% to 100% and .58 to 1.00 in the LCI, and from 75.7% to 97.3% and .54 to .96 in the LCI-5. The intraclass correlation coefficient (model 2,1) for the total scores was .98 for both versions; the Bland-Altman plot revealed no systematic trend for either version. Both the LCI and LCI-5 correlated with all criterion measures (ρ range, .61-.76), with the LCI-5 showing a larger effect size during the rehabilitation period and a lower ceiling effect. Patients with transtibial amputation were more independent in performing activities than were those with transfemoral amputation; their locomotor capability negatively correlated with age. Conclusions Both the LCI and LCI-5 captured the global locomotor ability of people with lower-limb amputation during prosthetic training. The new LCI-5 presents similar and sometimes better psychometric properties than the standard LCI
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