Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Gianni Loy
Publishing Year 2009 Issue 2009/122 Language Italian
Pages 42 P. 197-238 File size 270 KB
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Una repubblica fondata sul lavoro - Italy is a Republic based on labour that recognizes to all the citizens the right to work (artt. 1 and 4, Cost.). Such norms have contributed to create a model of "social" state, whose principles have been developed since the French revolution, as opposite to another model based on private property. Taking into consideration the opinion of the most important scholars who dealt with this topic and deeply marked the debate on this argument (as Mortati, Mancini and Natoli), this Essay focuses on the meaning of artt. 1 and 4 of the Italian Constitution, in line with the original perspective of the Constituencies; it tries to deny the theories which assume the existence of a legal duty to work; it deals with the value that those norms could have nowadays and in the future, as the European law does not assigne to the "right to work" the same meaning of the Italian Constitution.
Key words: Right to work; Italian Constitution; French Revolution; Social State.
Parole chiave: Diritto al lavoro; Costituzione italiana; Rivoluzione francese; Stato sociale.
Gianni Loy, Una repubblica fondata sul lavoro in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 122/2009, pp 197-238, DOI: 10.3280/GDL2009-122001