Abstract

This essay is focused on the transition of employment in public administrations from public to private legal regime, in accordance to the principles of collective autonomy. In this analysis, the author debates the principles of public administration as limits to negotiability, pointing out that the roots of the problem must be found in two different interpretations of art. 39 of the Italian Constitution. According to his point of view, the real problem lies between exclusive legitimisation to bargain and trade union freedom. Nevertheless, the author stresses how the approach to this issue is changing, depending on the reform of the discipline of public administration trade unions legitimisation in the so-called "second privatisation".