L'autotutela collettiva tra ipotesi di revisione della disciplina nazionale e prospettive europee

This work aims to describe the issue of industrial actions within both, the National and European frameworks. First, this paper analyses the evolution in the assessment of industrial conflicts in the Italian system and it describes some of the most significant types of industrial actions according to the case-law of the Italian Supreme Court. The analysis it not limited only to the right to strike. The aim is considering whether the traditional notion of “strike” as “a collective abstention from work organised by several employees” is still current and meaningful The second chapter of the work is dedicated to the reform proposals regarding the right to strike recently drawn in Italy. After a brief description of the Law no. 146/1990, amended by Law no. 83/2000 and Law no. 135/2012, I focus on the Intersectoral Agreement signed on the 28th June 2011. Furthermore, I analyse two Agreements, signed at Fiat's Pomigliano and Mirafiori plants respectively in June and December 2010. In the light of the mentioned legal sources, I examine the issues related to the entitlement to exercise the right to strike, rule of peace obligation and recent promotion of conciliation and arbitration procedures as an alternative to conflictive industrial actions. The last part of this work focus on the European legal sources and the recent Viking and Laval cases. According to these judgments, which are going to strongly impact on the future of Trade Unions' rights, at the European level the promotion of the economic freedoms seems to prevail on the protection of industrial actions. In conclusion, in these times of globalisation, both the National and European system, do not seem to give adequate attention to the issues related with the protection of industrial actions. On the contrary, they should be understood as a tool of emancipation and social progress.