The authors examine the conformity with Community law of the recent regulatory changes introduced to the italian legal system regarding the safeguarding of employees' rights during transfer of undertakings. The investigation take place on the assumption that the principle of primacy of Community law applies, which first and foremost means that it must be verified whether the domestic legislation in question complies with the interpretation given to the relative provisions of Community law. According to the authors' opinion, domestic law could be judged as non-conforming to the interpretation that has been given by the Court of Justice, so that the question may be brought before the Court of Justice ex art. 226 EC or by recourse to the preliminary ruling procedure under Article 234 EC, which reveal cases of incorrect implementation of the Directive.
Employee rights on transfer of undertakings: Italian legislation and EC law
NOVELLA, MARCO;
2008-01-01
Abstract
The authors examine the conformity with Community law of the recent regulatory changes introduced to the italian legal system regarding the safeguarding of employees' rights during transfer of undertakings. The investigation take place on the assumption that the principle of primacy of Community law applies, which first and foremost means that it must be verified whether the domestic legislation in question complies with the interpretation given to the relative provisions of Community law. According to the authors' opinion, domestic law could be judged as non-conforming to the interpretation that has been given by the Court of Justice, so that the question may be brought before the Court of Justice ex art. 226 EC or by recourse to the preliminary ruling procedure under Article 234 EC, which reveal cases of incorrect implementation of the Directive.
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