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JUS - 2013 - 3

digital JUS - 2013 - 3
Fascicolo digitale
rivista JUS
fascicolo 3 - 2013
titolo JUS - 2013 - 3
editore Vita e Pensiero
formato Fascicolo digitale | Pdf

Ebook in formato Pdf leggibile su questi device:

fascicolo 3 del 2013

Presentazione dell'incontro di studio

Indirizzi di saluto
di Mario Napoli pagine: 4
Indirizzi di saluto
di Aldo Travi pagine: 2
Indirizzi di saluto
di Ombretta Fumagalli Carulli pagine: 2

Relazioni

Era il secolo del lavoro … in compagnia di Tiziano Treu
di Umberto Romagnoli pagine: 4 € 6,00
Abstract

The article deals with the then recently approved sect. 8 of the law decree n. 138/2011:
the author is seriously concerned about the consequences of the possibility of derogating to law and
nation-wide collective agreements, attributed by that provision to the social partners at plant level. It
seems to him that the provision must be judged severely, following the main teaching of Tiziano Treu,
according to whom Labour Law has to adapt to changes in the social and economic environment, but
always keeping the coherence with its fundamental values.


Key words: Tiziano Treu; Sect. 8, law decree n. 138/2011; plant level collective agreements; Labour
Law values.

L’opera scientifica di Tiziano Treu nel Diritto del lavoro in trasformazione
di Mariella Magnani pagine: 10 € 6,00
Abstract

The article deals with the huge and various scientific production of Tiziano Treu. It starts
from the oldest studies, deeply imbued with civil law technicalities and concepts, goes through the
maturity works, where the lesson of Gino Giugni and the comparative approach deploy fully, to end
with the 21st century essays, where Tiziano Treu, already former minister, makes suggestions to the
policy makers.


Key words: Tiziano Treu scientific production; Labour Law.

Treu jurista europeo
di Miguel Rodriguez Pinero pagine: 8 € 6,00
Abstract

The article analyses the contribution of Tiziano Treu to the development of studies and
research on the Labour Law of the European Union. Treu was among the first ones to understand
that in the age of globalisation national Labour Laws are in danger and subject to deregulating and
competitive pressure: only a renewed and strengthened European Labour Law can save the European
social model and prevent Europe from becoming a victim of markets globalisation.


Key words: Tiziano Treu; EU Labour Law; European social model; globalisation; financial and economic
crisis.

I contributi al Diritto del lavoro negli Studi in onore di Tiziano Treu
di Paolo Tosi pagine: 2 € 6,00
Abstract

The article offers some general considerations on the essays included in the “Studi in onore di
Tiziano Treu”, pointing out that their variety, as well as the presence of many foreign scholars, reflect
the plurality of scientific interests of Treu.


Key words: Essays in honour of Tiziano Treu.

La promozione e l’organizzazione della ricerca. Il ruolo di Tiziano Treu
di Mario Rusciano pagine: 6 € 6,00
Abstract

The article gives an insight into the many directions Tiziano Treu chose for his activity of
research: he was not only an excellent researcher, but also – and this does not frequently happen
to academic professors, who are quite individualistic by nature – a very good organiser of collective
research.


Key words: Tiziano Treu; Labour Law; research fields; collective research.

Quale scenario nell’Europa sociale dopo la crisi?
di Silvana Sciarra pagine: 6 € 6,00
Abstract

The article deals with problems and challenges which social Europe has to face because of the
economic and financial crisis, after having praised the ability of Tiziano Treu of comparing different
social systems and his deep knowledge of EU Law, demonstrated especially in the ‘90s, when he was
Minister for Employment. The way ahead consists in a combination between the protection of workers’
rights, strengthened by transnational tools, and the guarantees of EU basic economic freedoms.


Key words: Economic crisis; European Labour Law; Social Europe.

Contrattazione collettiva ed enti bilaterali. Quali prospettive per il welfare (alle soglie di una nuova riforma)?
di Lauralba Bellardi pagine: 8 € 6,00
Abstract

The article investigates the role and functions of bilateral institutions created by collective
bargaining in the light of recent legislative reforms and projects outlined by the government. Experience
demonstrates that bilateral institutions are effective when the law simply strengthens their role
in delivering services and utilities they already provide; by contrast, when the law try to force them to
play new roles, the outcome is unsatisfactory. The author is also critical of the recent tendency of the
legislator to give preponderance to plant level collective agreements (sect. 8, law decree n. 138/2011):
this can seriously jeopardise the action of bilateral institutions, which are mostly established by
nationwide collective agreements, and is inconsistent with the governmental goal of attributing more
and more welfare tasks to those organisms.


Key words: bilateral institutions; collective bargaining; plant level collective agreements; sect. 8, law
decree n. 138/2011.

Il ruolo dell’amministrazione pubblica nella regolazione del lavoro. L’esperienza di Tiziano Treu Ministro del lavoro
di Franco Liso pagine: 4
Abstract

The article outlines the activity of Tiziano Treu as Minister for Employment in the ‘90s.
The author points out that his action, though aimed at making Labour Law more flexible, especially
through the so called “Pacchetto Treu”, was always well balanced. The difference from the policies of
right-wing parties in the first decade of 21st century is striking. Treu always put through his legislative
acts by means of concertation with social partners, and also the Pacchetto Treu increases flexibility
while empowering collective bargaining; the right-wing governments, by contrast, constantly tried to
divide the Trade Union movement and give more power to individuals and employers.


Key words: Tiziano Treu; Minister for Employment; “Pacchetto Treu”; social concertation.

Conclusioni
di Tiziano Treu pagine: 4 € 6,00
Stato laico e società religiosa. Fondamenti costituzionali
di Angelo Mattioni pagine: 34 € 6,00
Abstract

The particular nature of the constitutional state is that it doesn’t subdue to its own sovereignty
the free expression of the spiritual feelings of the person. Non-confessional state means that it
refuses to subject to its supremacy the religious dimension. The Italian Constitution of 1948, as most
of contemporary legal systems, contains fundamental rights but also provides public measures to make
possible that each person acts all the rights, especially the religious one, without discrimination. The
idea of lay state is strictly connected with the concept of religious society, so there are many fields
and situations in which everyone can show a personal religious or, generally speaking, cultural trend.
For instance, Italian Constitution contains rule about the freedom of the teachers, the freedom of the
school, the pluralistic organization of the national services to the person. The main public act to realize
this dimension is, in a pluralistic society, what could be called the authorizing law.


Key words: constitutional state – freedom and rights – person – social groups – religious society –
authorizing law.

Potere e dignità della persona
di Bruno Montanari pagine: 34 € 6,00
Abstract

The particular nature of the constitutional state is that it doesn’t subdue to its own sovereignty the free expression of the spiritual feelings of the person. Non-confessional state means that it refuses to subject to its supremacy the religious dimension. The Italian Constitution of 1948, as most of contemporary legal systems, contains fundamental rights but also provides public measures to make possible that each person acts all the rights, especially the religious one, without discrimination. The idea of lay state is strictly connected with the concept of religious society, so there are many fields and situations in which everyone can show a personal religious or, generally speaking, cultural trend. For instance, Italian Constitution contains rule about the freedom of the teachers, the freedom of the school, the pluralistic organization of the national services to the person. The main public act to realize this dimension is, in a pluralistic society, what could be called the authorizing law.

Key words: constitutional state – freedom and rights – person – social groups – religious society –
authorizing law.

Messa alla prova e personalismo di ispirazione cristiana. Brevi riflessioni in margine al volume Minori devianti a Milano. Ricerca interprofessionale sulla messa alla prova
di Anna Sammassimo pagine: 14 € 6,00
Abstract

The book Minori devianti a Milano. Ricerca interprofessionale sulla messa alla prova is the
result of research conducted by the Creada (Centre for Educational Report Adult Teenager) in collaboration
with the Catholic University of Milan and the Tribunale per i Minorenni of Milan about
the “Probation”, that is a humanitarian effort to allow minor offenders a second chance. This essay
arises from the considerations about the probation in order to illustrate some steps of the Magistero
of the Catholic Church, which appear anticipating, even from the scientific perspective, trends that the
humanities have only recently developed.


Key words: probation, rehabilitation policy, Magistero of the Church

La concezione nostra del diritto. Jus. Rivista di scienze giuridiche. Un profilo storico.
di Saverio Gentile pagine: 14 € 6,00
Abstract

This article analyzes the events about the foundation (1940), the interruption (1943) and
the resumption (1950) of publication of Jus Rivista di scienze giuridiche. Through the finding of
unpublished archive material, stands out the fundamental role of Agostino Gemelli, founder and
rector of the Catholic University. The review was strongly involved in the revaluation and defense of
the natural right.


Key words: foundation interruption and resumption of Jus Rivista di scienze giuridiche, Università Cattolica,
Agostino Gemelli, natural right.


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