Abstract

In the regulation of the employment relationship, the distribution of jurisdiction between the State and the Regions is not very clear; there is therefore the risk of a fragmentation of labour law on a regional basis. In the Author's opinion the main problem is that of social fairness in organising the legislative process in the present federalist reform rather than that of the alternative between centralism and decentralisation: in this light, the provision that gives to national legislation the power to define fundamental principles is important but it is not enough. An alternative model, on the contrary, could start from the interpretation of the subsidiary principle that the Court of Justice has applied in labour law.