Il processo del lavoro e il "giusto processo"

Employment cases and the right to a “fair trial” (Artiche in italian) – Summary. In this paper the author examines the critical aspects and prospects for the model of employment cases currently in use, in the light of the “fair trial” principle laid down in Article 111(1) of the Constitution. Employment cases are particularly significant in this respect, also in terms of the excessive amount of time required for the courts to hand down a ruling. In this connection the legislator has adopted stop-gap measures of a non-structural kind that are examined in this paper, with particular reference to the promotion of alternative dispute resolution, and to the recent introduction of certification. It is argued that the overall situation in which these measures have been adopted han been radically altered by major changes such as the assignment to the labour courts of cases relating th the public administration. The author then preceeds with the critical examination outlined above in light of the “fair trial” principle, with reference also to the supranational sources, in particular, the European Convention on Human Rights and Fundamental Freedoms. The paper also provides an examination of certain particular practices, also of a substantial nature such as reinstatement further to dismissal, and above all of a procedural nature, with specific reference to Article 28 of the Statuto dei lavoratori, the repression of anti-trade union conduct. In addition the paper considers the role in employment cases of equity rulings, starting from the experience of the Conseils de Prud’hommes in France. Finally, the author draws a number of conclusion in a de iure condendo perspective and considers the appeals at a European level, particularly by the Council of Europe, the national debate on these issues, and the Salvi-Treu and Sacconi proposals for reform.