La questione dell’autorizzazione ministeriale per le associazioni sindacali dei militari

Abstract

In according of CEDU in Italy trade union freedom is a right also recognized to members of the Armed Forces, but subject to limitations due to the functional aspect of the tasks institutional attributed. The peculiarity of the military organization reverberates in working relationships e gives trade union activity a special characterization with respect to the framework of trade union rights common. From the point of view of the specialty, the question of the preventive ministerial scrutiny of the legitimacy to carry out this activity which, according to the Council of State, stands out for a high degree of discretion. This statement leads us to believe that the establishment of an association trade union for the military, far from qualifying as a full right, rather integrates a situation legal interest of legitimate interest.