Union action; Strategic litigation; Collective action; Judicial protection.
Short description of contents:
The justice system, conceived in individualistic terms, has historically
been a hostile terrain for the exercise of trade union action, especially
when aimed at the protection of workers’ interests and rights. Since the
end of the first decade of the 21st century, however, the situation seems
to have gradually changed. The use by trade unions of traditional
instruments such as Article 28 of the Statuto dei lavoratori as a means
of collective self-defence has been complemented by new forms of action,
including participation in the main criminal proceedings and experimentation
with innovative instruments of collective legal protection in
the technical sense, such as anti-discrimination actions, class actions for
damages and injunctive relief. The authors reflect on the need to update
the picture of the legal protection instruments offered by the legal system
and to examine the current state of relations between trade unions and
litigation in different strategic contexts and the possible implications for
the very notions of collective interest and collective self-defence.
Product ID:
140288
Handle IRIS:
11562/1129692
Last Modified:
June 28, 2024
Bibliographic citation:
L’azione sindacale nel processo
, eds.
Protopapa, Venera; Razzolini, Orsola
, 2024