Abstract
Autore:
Colella Luigi
Titolo:
"Costituzioni e libertà sindacale in Europa. La "
The trade unions have always been considered a major force of change and social transformation. They are the largest voluntary organizations in Europe. The contemporary welfare state and the post-war European constitutions recognize the freedom of trade union association. It is a positive freedom that requires tangible promotional activities by the welfare state, in order to "remove obstacles" and to ensure the substantial equality. As in Italy, in Spain, in German and in Greece the freedom of trade-union association is provided for all the citizens. Although in the United Kingdom there isn’t a written constitution, it is widely accepted that it’s England the home of unionism. In the United Kingdom with the so-called Human Rights Act of 1998 it has been recognized the freedom of assembly and association in trade unions to all citizens. In the preamble of the French Constitution of 1958 it is written that "every man can defend his rights and interests through union action, and make the choice of joining the trade union. The right to strike is exercised within the framework of laws that regulate it". In the French model the freedom of association is at the center (au coeur) of the fundamental rights of workers. Currently we are seeing a new phase dedicated to the strengthening of social democracy. In the French model the mechanism of voting has been introduced in order to legitimize the unions really representative and ensure the participation of workers. In order to overcome the crisis of the traditional trade union protection, promote social dialogue and strengthen the participation of workers, the French government has presented the drafted constitutional law (n. 813 of 2013) by which it wants to include in the Constitution a reinforced procedure in the field of "social democracy." The project of reform says that trade unions and employers´ organizations have the opportunity to intervene in the legislative process, before the adoption of any law relating to labor, employment and vocational training. In our view the legislative instrument inserted in the draft reform of the Constitution could, if finally approved, raise the level of employee participation and representation, with the effect of determining a growth of unionization, in order to avoid conflicts and ensure socio-economic recovery, thus representing a model for other European countries.
