Note critiche sull’adeguatezza della disciplina dello sciopero nei servizi pubblici essenziali (in occasione dello sciopero dei docenti universitari)

Abstract

This paper, by taking inspiration from some apparent regulatory gaps (those related to the strike of the university professors), analyses some fundamental aspects of the legislation on the strike in essential public services. It focuses on the dilemma whether additional legislative reforms are needed or micro-regulatory measures are sufficient provided that the latter came along with an interpretation of the existing law inspired towards the extension, the balance and the effective enjoyment of the fundamental personal rights. The shifting of the rules towards the public sector, due to the law n. 83/2000, is highlighted and promoted. The paper encourages micro-regulatory measures and rules out the use of laws on representativeness and selection of collective subjects entitled to strike.