La giurisprudenza del Tribunale costituzionale spagnolo sul “nuovo diritto del lavoro”: due modelli di giudizio alternativi di fronte alle riforme “flessibilizzatrici” in Europa

The case-law of the Spanish Constitutional Court concerning “new labour law”: two alternative models of judicial review face to labour flexibilization in Europe

Abstract

Abstract: The case-law of the Spanish Constitutional Court concerning “new labour law”: two alternative models of judicial review face to labour flexibilization in Europe – The crisis and the new economic governance of the European Union have fostered significant reforms of national labour market legislations. Two main analogies can be observed: the leading position of Governments in their approval, implying the marginalization of Parliaments; flexibility measures, implying a diminished protection for fundamental workers rights and a diminished role of trade unions. A critical analysis of the constitutional case-law concerning the Spanish reform of 2012 is useful to reflect upon the compatibility of such measures with the principles of the “Social and democratic State of law” and upon possible future decisions of the Italian Constitutional Court.

Keywords: European Union; Economic and financial crisis; Labour market reforms; Constitutional Court of Spain; Constitutional balancing.