European Constitutional Values and Dismissal

• Main Author: VENDITTI, LUCIA
• Other Authors: Venditti, Lucia
• Format: Book Part
• Language: English
• Published: University of Latvia Press 2016
• Subjects: EU Charter of Fundamental Rights; European Social Charter; unfair dismissal; Italian reforms; Article 117; par. 1 of the Italian Constitution; artiche
• Online Access: http://hdl.handle.net/11588/653751

The paper examines the values transposed in the EU Charter of Fundamental Rights and in the international sources that have inspired its contents. Special consideration is given to the right to protection against unjustified dismissal as set forth by Artiche 30 of the Nice Charter (CFREU), which is connected to Artiche 24 of the European Social Charter. This is the framework also underlying the recent Italian reforms, which firstly in 2012 (law n. 92/2012) and later in 2015, with the so called Jobs Act (leg. decree No. 23/2015), have been widened to soften protection from dismissal. The paper discusses some controversial issues stemming from analyzing the reform in the light of fundamental principles of guarantees against unlawful dismissal both in the European and supranational framework and puts forward the crucial role of balancing different values within the judicial function.