Diritto di sciopero e servizi pubblici essenziali

Abstract

The right to strike became a constitutional right in Italy only in 1948, when the Italian Constitution was approved; however it was necessary to wait more than forty years to put this right into effect. Indeed, only in 1990 was Law no. 146, regarding the public services right to strike, approved, and subsequently reformed ten years later, with Law no. 83. The Italian constitutional system the right includes the right to strike as one of many such rights, and it, therefore, has to be balanced with other individual rights, such as the right to free movement or the right access health care. A special body has the task of balancing the right to strike with other constitutional rights, that is the Commissione di Garanzia per l’attuazione dello sciopero nel settore dei servizi pubblici essenziali. One of its objectives, that of identifying an appropriate balance between the right to strike and the maintenance of public services is attained by the application of special provisions (Regolamentazione provvisioria) relating to the various public services.