Abstract

The Author analyses three new interventions of the legislator in the social protection system: the legitimation of the free occasional collaboration of the relatives of the artisan entrepreneur, the constitution of a public pension fund for the associate in partnership and the juridical efficacy conferred to the institute of certification towards third parties. The three norms are analysed together in order to show the incoherence of the legislator in the ambit of social protection: while the new obligation to contribution of the relatives who carry out free and occasional work and of the associated in partnership are based upon the principle of autonomy of the social protection relationship from the work relationship, in the case of the norm that confers value toward third parties to certification, the work relationship becomes an act, expression of hindering powers to be exercised upon those who manage public interests.