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Liability and sanctions for unlawful strikes: does anything change in Italy after Laval?
Journal Title: GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI  
Author/s:  Antonio Lo Faro 
Year:  2011 Issue: 131 Language: Italian 
Pages:  14 Pg. 419-432 FullText PDF:  380 KB
DOI:  10.3280/GDL2011-131005
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Starting from the Swedish Labour Court decision in the national follow-up of Laval, the essay investigates the effects that the ECJ case law is likely to produce into the Italian system of remedies for unlawful strikes. After exploring the national legislation on the issue, the essay maintains that, due to their peculiar nature, sanctions and remedies provided in case of strike in essential services cannot be applied, to EU-unlawful strikes. An illustration of the reasons explaining the limited role of damage compensation for unlawful strikes in Italy follows. A conclusion is made, aimed at pointing out that the national remedy able to match the EU principle of effective judicial protection to be given to private parties, victims of a EU law violation, is interim injunctions. The Author concludes by wishing a révirement of the ECJ jurisprudence on the issue, in coherence with the developments currently detectable in the ECHR case-law on the right to strike.
Keywords: Strike; Fundamental economic freedoms; Right to damages; Right to strike as an individual right; Interim injunction; EU principle of effective judicial protection

Antonio Lo Faro, Liability and sanctions for unlawful strikes: does anything change in Italy after Laval? in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 131/2011, pp. 419-432, DOI:10.3280/GDL2011-131005

   

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