Labour Law in constitutional adjudication: the relationship between the Constitutional Court and the legislature.
Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Andrea Simoncini
Publishing Year 2026 Issue 2026/189-190
Language Italian Pages 11 P. 65-75 File size 159 KB
DOI 10.3280/GDL2026-189006
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This article examines the relationship between the Italian Constitutional Court and the legislature regarding Labour Law. It argues that labour occupies a distinctive place within the Constitution, existing as both a core constitutional value and a privileged site of its transformative vocation. Against this backdrop, the article reviews the primary techniques employed by the Court to address legislative inertia, ranging from judicial warnings to the invalidation of decisions. The article contends that this variable judicial stance is not merely the result of political or ideological fluctuation, but rather reflects a specific legal rationale based on the principle of reasonableness. Thus, reasonableness emerges as the key standard for mediating between the promotion of social rights, legislative discretion, and the requirements of the separation of powers.
Keywords: Constitutional Court and legislature; Labour Law; Constitutional Court’s decisionmaking techniques; Principle of reasonableness
Andrea Simoncini, Il diritto del lavoro alla prova della giustizia costituzionale. Il rapporto tra la Corte e il potere legislativo in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 189-190/2026, pp 65-75, DOI: 10.3280/GDL2026-189006