Documents Delfino, Massimiliano 9 results

"Starting from the judgment of the Court of Justice of the European Union, Association de médiation sociale, of January 2014, this contribution deals with some important issues, such as the distinction between rights and principles protected by the Charter of Fundamental Rights, and, above all, their field of application. With reference to the latter issue, a broad interpretation of Article 51, paragraph 1, of the Charter is suggested, according to which its provisions ‘are addressed to the institutions, bodies, offices and agencies of the Union… and to the Member States only when they are implementing Union law'. Under this interpretation, the rights and principles are applicable in the formation of European Union law, regardless of the field covered by secondary legislation. With reference to the national systems, even the connection with EU law has to be understood in a broad sense, so that the rights and principles shall be respected or observed when Member States are implementing all the secondary sources of the Union and not only those relating to the legal subject to which the right or principle specifically refers."

"Starting from the Uber ruling of the Court of Justice of 20 December 2017 this paper tries to demonstrate how innovation in the gig economy or collaborative economy does not change the basic issues of labour law but rather requires a greater adaptation of these issues to the new digital context. The principal issue is the classification of the platform company's providers, which follows the traditional distinction between self-employment and the dependent work relationship. At the root of that classification there are still ‘hetero-direction' and the employer's prerogatives, although they can assume a different and more complex physiognomy in the digital age. "

" In Italy, workers' mobility is a very complicated puzzle that is composed of different pieces. This paper deals with such different pieces under the perspective of workers' mobility within the European Union and highlights that the term mobility is not a synonym of posting (of workers), since the latter term indicates only one of the types (although the most relevant) of workers' mobility. The author starts with workers' mobility within the national border and beyond the European Union. Then, he concentrates his attention on the Italian way of transposing the EU Directives on the transnational posting of workers, which is very problematic, especially with reference to the role of collective bargaining agreements. Special attention is dedicated to the issue of public policy where an important role is played by Italian case law, which is very interesting and not uniform. The paper ends with some predictions about the forthcoming Italian legislation concerning both national and transnational mobility, which will be possibly influenced by the domestic political agenda."

"On 24 October 2019, the General Court ruled upon a request of the trade union EPSU to annul a refusal of the European Commission to submit a proposal of a Directive to implement an agreement about information and consultation of civil servants and employees working for central governmental administrations, following a joint request by the signatory parties to do so (General Court , 24 October 2019, T-310/18, European Federation of Public Service Unions (EPSU), Jan Goudriaan vs Commission européenne). According to the General Court, the Commission is not required to give effect to the signatory parties' request and «it is for that institution to determine whether it is appropriate for it to submit a proposal to that effect to the Council» (§ 103).

Since the case has been brought before the CJEU, it is up to the academic Community of specialists of European (labour) law to act as genuine albeit symbolic amicus curiae pendente lite. The papers presented on the occasion of the Amicus Curiae Workshop on the EPSU Case (European Social Dialogue) - A Meta-dialogue with the Court of Justice – held in Brussels on September the 16th 2020 - are now assembled in this collective volume."

"This contribution aims to assess the effects on the Italian legal order of the proposed directive of the European Union on minimum wages. The approach adopted in the research was that of the legal-regulatory analysis of the provisions of the proposal and their effects on the Italian statutory and collective sources. The approval of the directive would require the Italian legislator to take transposition action even if it were not decided to introduce legislation on minimum wages. The research has the limit of placing a proposal for a directive at the centre of the investigation which is not known whether and in which version it will be approved but the contribution constitutes a useful tool available to the European and domestic legislators to understand the constraints and potential of regulatory intervention on the matter. The original features of the research are represented by the delimitation of the boundaries of the Union's competence in the field of remuneration and the interaction between the EU and Italian legal dimensions."

"This paper aims to ask whether the social dimension of the European Union still exists in a period of two crises (the pandemic and the war in Ukraine), which have strongly been hitting the economies and societies all over the world. To understand the EU's reaction to both the emergencies it is necessary to trace the path of EU labour law from the beginning: the story of the European Union in the social field is a story of progressive enforcement of its competencies but also of continuous stops and goes form the political point of view."

"This paper aims to describe and motivate the author's perspective on the issues posed by robotics and Artificial Intelligence, exploring the significance of the Fundamental Rights approach to AI. The author believes both aspects are essential for understanding robotics, work empowerment, and the environment. The Fundamental Rights approach helps concentrate the attention on the issue of the environment, intended as the social environment, which is strictly linked to legal sustainability."