L’intreccio tra politiche attive e passive: possibili sviluppi. Analisi critica del sistema italiano con riferimento ai modelli danese, spagnolo e alle tendenze nell’Unione Europea

The structure of the Research. The aim of the research is to analyze the relationship between passive and active policies in Italy. In specific, the purpose is to verify if the latest labour market reform faces the relevant problems pointed out by legal studies. The reform was introduced in June 2012 by the Law n. 92/2012. The research also analyzes the relationship between passive and active policies in the European Union system, and in two member States: Denmark and Spain. The choice of these countries is based on a particular relevant reason for the research: Denmark has been considered the ALMP (Active Labour Market Policies) best practice example all over Europe in the last years, and Spain is the countries which is facing the highest unemployment rate from the beginning of the crisis. The research is not comparative in nature but provides information to take inspiration from other systems. The research also considers the European Union's system to highlight its influence on the Italian system and the connection of the different system's developments. For passive policies we mean the “social shock absorbers” and the unemployment benefits recognized to workers in case of unemployment or temporary suspension of the labour contract. For active policies we mean policies which aim to help/encourage people to find a job or to improve their professional profile. The methodology adopted for investigating the Italian, Spanish and EU systems is based on the studying of the legislation and the legal studies. On the contrary, the Danish system has been examined in particular by studying sociological scientific articles. The two main reasons of this choice consist in the following: - the considered topic is strictly related to the flexicurity field, which is analysed in Denmark in most cases by sociologists and not though legal studies; - it is complicated to access to translated Danish legislation. From another hand, even if the labour market policy are regulated mostly by agreements signed by social partners, a problem remains the lack of translated documents. The main topics underlined in the research are: - the relevant different treatments granted to Italian workers in case of unemployed and temporary suspension of the labour contract, depending on the dimension of the company, its businesses area, dimensions, etc.; - the lack in Italy of a social security level which protects people without legal requirements to be eligible for the unemployment insurance; - the last years' emphasis put on the “conditionality” on the unemployment benefits and on the punishment's aspect of them: the relationship between job-centres and the unemployed person is also view as a sort of contract with mutual obligations; - the right to work as a right to participate to the civil, political and economic life of the State in term of right of citizenship. This topics have been analyzed by considering the historical development of the national legislation until the actual reform. The same scheme has been followed to study the EU, Danish and Spanish systems: historical development of the legislation until the actual reforms or measures, underling the main issues stressed by legal studies in those systems. These issues have highlighted important aspects very useful for the research: - the European Union's influence on the member State's system, especially regarding the EU-flexicurity approach and the need to reduce the public debt, even to social systems' cost; - the Danish active citizenship concept and the Danish flexicurity model, considerable different from the EU one; - the Spanish legal studies, asking for a different role of the State. The research comes to the conclusion that the latest Italian reform does not face properly the problem of the national unemployment social security system, which remains inaccessible for a relevant part of the workers. This doesn't comply with the State's constitutional obligation to ensure the condition to all the citizens to participate to the social, political and economical life. This obligation involves the citizens' right to work, to be reach in a way affecting different aspects: a proper macroeconomic policy, adequate activation policies, and a protection for the period of works' lack.