Categories: Insights, Publications

Tag: Jobs Act, Licenziamento collettivo


10 Dec 2020

The Court aligns with CJEU on Jobs Act collective dismissals (Il Quotidiano del lavoro de Il Sole 24 Ore, 3 December 2020 – Vittorio De Luca, Antonella Iacobellis)

With its judgement 254 of 26 November 2020, the Constitutional Court confirmed its loyal collaboration with the Court of Justice of the European Union and declared inadmissible the constitutional legitimacy issues raised by the Naples Court of Appeal on the Jobs Act provisions related to collective dismissals which violated the selection criteria.

The reasoning for the Constitutional Court’s sentence 254/2020 reads as follows, “there is an inseparable link between the role of the Court of Justice of the European Union, called upon to safeguard respect for the law in the interpretation and application of the treaties” and the role of national courts, which must ensure”effective judicial protection in areas governed by EU law” (article 19 of the treaty). In an integrated system of safeguards, loyal and constructive cooperation between the various jurisdictions, each called upon to safeguard fundamental rights in a systemic and unbroken protection manner, plays a crucial role”.

The raised issues of legitimacy and the European Court’s ruling
Before discussing the merits of the Constitutional Court’s ruling, it should be noted that,regarding the infringement of the Charter of Fundamental Rights of the European Union rules, the Naples Court of Appeal had decided to simultaneously propose a preliminary ruling to the Court of Justice of the European Union, in order to clarify “the contents of the Chart of Fundamental Rights”, to then assume “a direct relevance in the ruling of constitutionality” and consistency with constitutional principles.
The Court of Justice ruled first which, with the order of 4 June 2020, confirmed that proposed issues were clearly inadmissible sustaining the absence “of a connection between an act of law of the European Union and the national measure in question”, a connection required by article 51, paragraph 1, of the Charter of Fundamental Rights of the European Union. This does not mean a mere similarity between the issues being examined and an indirect influence that one issue exercises on the other”.
In other words, the Court of Luxembourg did not find any connection between national legislation concerning selection criteria in the field of collective dismissals and an act of law of the European Union and therefore could not assume any position on the alleged infringement of the Charter.

Click here to read the full version in Italian published by Il Quotidiano del Lavoro – Il Sole 24 Ore.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

12 Oct 2026

“AI tools, remote work and confidential data: employer liability in a borderless environment” – IBA Conference 2026

At the IBA Annual Conference 2026 in Copenhagen, our Managing Partner Vittorio De Luca moderated a panel on one of the most pressing challenges facing employers today: the…

1 Oct 2026

Corporate e-mail and defensive monitoring: when the GDPR and employment law lead to different outcomes 

The Piaggio case clearly illustrates how the same set of facts can give rise to profoundly different assessments depending on the perspective adopted. In its decision of 13…

1 Oct 2026

NASpI and Reinstatement: the Employee’s Election Causes Loss of the Benefit 

Headnote   In its recent judgment No. 24981 of 3 September 2026, the Italian Supreme Court held that, where a dismissal is set aside with an order of reinstatement…

1 Oct 2026

Did you know that… testimony given in court may have disciplinary relevance and, in the most serious cases, justify dismissal? 

The Italian Supreme Court, Labour Section, by order no. 25687 of 22 September 2026, addressed the issue of the disciplinary relevance of statements made by an employee in…

29 Sep 2026

Shadow AI in the workplace: how to govern risks, data, and security (Agenda digitale, 29 September 2026 – Vittorio De Luca and Martina De Angeli)

The spread of artificial intelligence tools used without corporate authorization exposes businesses to risks involving personal data, confidential information, know-how, and cybersecurity. To govern Shadow AI, organizations need…

24 Sep 2026

The concept of “territorial scope” in a non-compete agreement (Top24 Lavoro Ai – Il Sole 24 Ore, 24 September 2026 – Vittorio De Luca and Alessandro Ferrari)

Interpretative issues in light of the most recent case law on the nullity of non-compete agreements due to the indeterminacy of territorial scope By an order issued on…