Fundamental Labour Rights and the Constitution: Constitutional Balancing in Italy and Spain

The book explores constitutional balancing from the perspective of fundamental labor rights, drawing on neo-constitutional theories and examining the case law of the Italian and Spanish Constitutional Courts. It finds that the axiological nature of fundamental labor rights is preserved, and the economic and financial contingencies confirm their factual character, although they are occasionally recognized as a prominent role in the ratio decidendi.

Format: Hardback
Length: 200 pages
Publication date: 05 July 2023
Publisher: Taylor & Francis Ltd

The book delves into the intricate realm of constitutional balancing, focusing specifically on the interplay between fundamental labor rights and equally axiological constitutional principles. Drawing upon neo-constitutional theories, it establishes that fundamental labor rights, defined as rights aimed at safeguarding workers throughout their working lives or after retirement, represent the core values upon which a society is built. These rights can be harmonized with other constitutional principles through a process of balancing.

The balancing of constitutional labor rights is a multifaceted endeavor that involves various institutional actors and employs diverse techniques. This volume provides a comprehensive review of the theoretical debates surrounding judicial balancing and the approaches adopted by the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECHR). In particular, it examines the case law of the Italian and Spanish Constitutional Courts, specifically in the context of labor and social law reforms implemented in the aftermath of the 2008 financial crisis.

The analysis in this volume is structured around four key aspects:

The Fundamental Labor Rights in Balance: This section explores the interplay between fundamental labor rights and other constitutional principles. It examines the extent to which these rights can be curtailed or restricted in the face of economic and financial contingencies.

The Role of the Courts: This aspect examines the role of the courts in the balancing process. It explores the extent to which courts can intervene to protect fundamental labor rights and ensure their harmonious integration with other constitutional values.

The Technique Applied by the Judges: This section delves into the techniques employed by judges in the balancing process. It examines the methods used to evaluate the competing constitutional interests and determine the appropriate balance between them.

The Constitutional Interests Subject to Balancing: This section identifies the constitutional interests that are subject to balancing in the context of labor and social law reforms. It examines the various factors that courts consider when weighing the competing interests and determining the outcome of cases.

Through a detailed analysis of these four aspects, the book reveals that the axiological nature of fundamental labor rights is preserved, while economic and financial contingencies are occasionally recognized as playing a prominent role in the ratio decidendi. This finding underscores the importance of considering both the moral and practical dimensions of constitutional balancing to ensure the protection of workers' rights and the stability of society.

The book will be an invaluable resource for academics and researchers working in the fields of labor law, social security law, legal theory, and constitutional law. It offers a comprehensive and insightful examination of the complex dynamics between fundamental labor rights and other constitutional principles, providing valuable insights into the ongoing debates and developments in this area.

Weight: 548g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367725693