Carlo Zoli

Open access

The Enjoyment of Cultural Heritage as an Essential Public Service: The Law Decree 20 September 2015, no. 146

  • Abstract

Informations and abstract

Keywords: Strike; Essential Public Service; Cultural Heritage; Enjoyment.

Having briefly summarized the collective actions that took place in Rome and Pompei during the summer of 2015, the paper analyzes the issues concerned with law decree no. 146/2015 adopted by the Italian Government to add the "opening to the public of museums and cultural places" to the list of essential public services. The essay first examines the debated problems of constitutionality. It then aims to highlight the new features of the regulatory framework comparing them with that adopted by social partners. In this comparison, particular attention is devoted to the scope of application of the new regulation, the definition of essential public services to be guaranteed during strikes, the recourse to compulsory mobilization, and the applicable sanctions in case of noncompliance with the rules. Finally the essay examines the controversial notion of collective conflict, and the question of the possible inclusion of workers' meetings within the category an issue on which the legislator remained silent when regulating strikes in essential public services.

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