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L’infiltrazione della concorrenza nella tutela del lavoro. Valorizziamo gli argini dei nuovi trattati europei
Author/s:  Donata Gottardi 
Year:  2010 Issue: Language: Italian 
Pages:  24 Pg. 108-131 FullText PDF:  321 KB
DOI:  10.3280/ES2010-010009
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The article devotes attention to the changes made by the Treaty of Lisbon both on social rights and competition. Before now, it was thought that labour law continued to give respect to commercial law. There were numerous indicators pointing in this direction: the uncertainties on the very meaning of labour law, the growth of social dumping intra-EU, the revival of nationalist impulses, the jurisprudence of the European Court of Justice on the limits of collective bargaining and strike action. It is now time to exploit the new prospectives which have opened up. The economic and financial crisis has challenged the idea of a self-regulating market; in the sources system, competition has passed from a principle to a tool and social and employment protection are projected in the social market economy, guaranteed by a horizontal social clause value. It is the only possible prospective if we are to avoid the collapse of the system of labour relations and jobs.
Keywords: Antitrust law, Labour law, Trade Unions, Collective bargaining and strike, Wages and Working conditions
Jel Code: K21; K31; J51; J52; J31

Donata Gottardi, in "ECONOMIA E SOCIETÀ REGIONALE " 2/2010, pp. 108-131, DOI:10.3280/ES2010-010009


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