1,721,128 research outputs found
Against All Odds: A History of Resilience and Human Centred Recovery for the EU
No full textThe chapter by Edoardo Ales systematically investigates the actions endeavoured by the EU in order to cope with the odds that have plunged the first decades of the new millennium: natural disasters linked to climate change and human negligence, side effects of globalization, financial and sovereign debt crisis, pandemic and war. The EU has mobilized all the available legislative instruments and policies, even coming up with new ones, in the view of showing solidarity towards Member States, citizens and workers affected by those odds. Economic, social and territorial cohe
sion (Articles 175 ff. TFEU); exceptional occurrences beyond Member States’ control (Article 122 TFEU); safeguard of the stability of the Euro area (Article 136(3) TFEU): those have been the grounds of EU action. However, support granted out of the EU budget has been gradually trans
formed into loans at a favourable interest rate, made yet conditional upon structural social reforms, ending up in a mix of the two, linked as well to a strict conditionality. Furthermore, financial support from the EU budget has been understandably made conditional upon the respect of the rule of law, to be widely conceived in the framework of Article 2 TUE. More recently, EU resources have been earmarked to the military support of Ukraine, not only out of the Defense Headings of the Multiannual Financial Framework (MFF) but also by allowing Member States to request their reallocation from socially oriented funds. Such a possibility is likely to challenge the very meaning of human-centred resilience and recovery as defined by all the instruments at stake
Genuine Autonomous Work: Toward a Tailor-Made Social Protection
No full textThis chapter aims at providing a conceptual framework to social protection of genuine autonomous work, with a reference to solopreneurs, analyzing socioeconomic risks and needs they are facing and that may differ from the traditional ones profiled on subordinate work. The Author criticized the ‘package approach’ of some legislators that just extends Labour Law and Social Security protection typical of subordination to autonomous work. He reflects on the potential of reflexive labour law to set up a regulatory system based on a “self-organized diversity” where the interests of individuals, groups and society can find an adequate balance. The Author draws three conclusions in the perspective of: singling out the very notion of genuine autonomous workers, outside the shadow of the ‘false self-employed’ doctrine; removing any existing ungrounded legal obstacles to self-organization of autonomous workers; promoting self-organization of autonomous workers on platforms
Protecting Work in the Digital Transformation: Rethinking the Typological Approach in the Intrinsically Triangular Relationship Perspective
No full textIl principio di adeguatezza nella tutela contro gli infortuni sul lavoro e le malattie professionali: contenuto e funzioni
No full textBeyond Subordination: Four Arguments
No full textThe thesis of the paper is that labour law is, and above all must be, a law related to work in general. It is therefore necessary to overcome the binary system in which all social guarantees are in the field of subordination and no social protection is in that of self-employment. The Author use four arguments to support this thesis: a sociological argument, a historical-juridical argument, an economic argument, and a comparative argument. These arguments have different disciplinary bases and have different functions, but they converge in the belief that labour law is currently, and should be in the future, the law of the work “in gen- eral” and not only that of employment
Il sistema dell’assicurazione obbligatoria basato sulla distinzione tra infortuni sul lavoro e malattie professionali: prospettive di superamento.
No full textIl principio di automaticità delle prestazioni
No full textIl principio di automaticità delle prestazioni previdenziali costituisce uno dei tratti determinanti dell’automatismo del rapporto previdenziale che resta parte inscindibile dell’“atomo” rapporto di lavoro. Infatti, alla costituzione di un rapporto di lavoro subordinato corrisponde in via automatica ed immediata la costituzione del correlato rapporto previdenziale 1 che assicura la titolarità e il godimento delle posizioni giuridiche attive e passive che a questo sono ricondott
- …
