La nuova legge sulla partecipazione dei lavoratori nelle imprese. Prime riflessioni su alcuni profili di diritto societario

Abstract

The article examines some of the most significant corporate-law issues connected with the recent enactment of Law No. 76/2025 on workers’ participation in enterprises, with particular regard to the forms of decisionmaking participation outlined therein. In general, the paper highlights a certain inaccuracy in the use of corporate-law conceptual categories, which requires interpreters to undertake substantial (and not always easy) reconstructive analysis to develop a systematically coherent interpretation. Nonetheless, it is considered that the newly enacted law – although significantly weakened compared with the original proposal – can still be considered a step forward toward recognizing the ideals of participation, while at the same time removing certain regulatory obstacles to its effective implementation.