Umberto Romagnoli

Trade unions and the Constitution: a close - but not too close - encounter

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Abstract

Moving from the constitutional anomaly of the living union law and from the fact that this law is the outcome of a professional class of legal operators called to solve the problems of union pluralism after the Second World War, the Author rereads the path followed to achieve this conclusive assessment. Originally affected by the subordination of union dynamics to the logics of political parties, union pluralism is now reduced to a bunch of organisation patriotisms, as the constraints of such collateral bond no longer exist. This does not undermine the framework of constitutional rules that, despite tracing the path for union law, was not properly implemented: this goes to the detriment of the functioning of social representation of work, which means the relationship between the union and the workers.

Keywords

  • Trade Union
  • Constitution
  • Union Pluralism
  • Legal Doctrine
  • Representation of Work

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