Introduction 

In 2023, the European Committee of Social Rights (ECSR) issued a series of significant decisions addressing Italy’s compliance with the Revised European Social Charter of 1996, to which the country is a party. Adopted by the Council of Europe, the Charter guarantees a wide range of fundamental social and economic rights, including the rights to housing, education, healthcare, employment, and protection against poverty. As one of the original signatories, Italy is legally bound to uphold these provisions. 

The ECSR monitors states’ compliance through two main mechanisms: periodic state reports and collective complaints filed by trade unions, NGOs, and other eligible organizations. The latter, introduced by the 1995 Additional Protocol to the Charter, is less known than the reporting system, but it is an essential tool for holding governments accountable for violations of social rights. 

In its 2023 decisions regarding Italy, the ECSR examined complaints submitted by trade unions, pensioners, and vulnerable populations. While the Committee did not find any violations in these cases, the complaints underscored the importance of maintaining robust safeguards for social rights and helped to clarify the extent of Italy’s obligations under the Charter.

Confederazione Generale Sindacale (CGS) & Federazione Lavoratori Pubblici e Funzioni Pubbliche (FLP) v. Italy, Complaint No. 161/2018

CGS and FLP, trade unions representing public sector workers in Italy, challenged the National Collective Agreement (NCA) of 12 February 2018, arguing that it violated their trade union rights by excluding them from future collective bargaining processes because they did not sign the agreement.

The complainants alleged that this exclusion breached multiple provisions of the Revised European Social Charter, including Article 5, which guarantees the right to organize; Article 6§2, which protects the right to bargain collectively by requiring effective participation in negotiation processes; Article 21(a) and (b), which secures the right to information and consultation; and Article 22(a), (b), and (c), which affirms the right to participate in determining and improving working conditions and the working environment. In addition, they cited Article E on non-discrimination, arguing that the exclusion was discriminatory, and Article G on restrictions, challenging the legitimacy of any limitations placed on their rights.

However, in its decision on the merits adopted on 19 October 2022, the ECSR chose to assess the complaint exclusively under Article 6§2. It considered the provision to be the most directly relevant, as the core issue raised by the complaints concerned their exclusion from the collective bargain process, a subject specifically addressed by the right to bargain collectively protected by Article 6§2. Although the complaint referenced several other provisions, the Committee exercised its discretion to focus only on the article most applicable to the facts, a common practice when multiple rights are invoked but the substance of the complaint falls primarily within the scope of a single provision. 

The Committee concluded unanimously that there was no violation of the right to bargain collectively. Although the exclusion of the unions from future negotiations was recognized, the ECSR found that it did not infringe the specific standards of Article 6§2 as interpreted under the Charter. The decision became public on 22 February 2023, and the Committee of Ministers adopted Resolution CM/ResChS(2023)18 on the same day, effectively closing the complaint without further measures against Italy.

Associazione Nazionale Sindacato Professionisti Sanitari della Funzione Infermieristica – Nursing Up v. Italy, Complaint No. 169/2018

The complaint, Associazione Nazionale Sindacato Professionisti Sanitari della Funzione Infermieristica – Nursing Up, is a trade union representing professionals in the Italian health sector. The union alleged that, under Legislative Decree No. 165/2001 and the National Collective Labour Agreement (NCLA) of 21 May 2018 for public health-sector workers, it had been unfairly excluded from subsequent collective bargaining rounds because it had refused to sign the NCLA. Nursing Up claimed that this exclusion violated a range of provisions of the European Social Charter.

Specifically, the union cited violations of Article 5 (right to organize), Article 6§2 (right to bargain collectively), Article 21(a) and (b) (right to information and consultation), and Article 22(a), (b), and (c) (right to take part in the determination and improvement of the working conditions and working environment). Additionally, the union referred to Article E (non-discrimination) and Article G (restrictions) in connection with each of the aforementioned provisions, asserting that the legislative and contractual framework discriminated against their members and unduly restricted their trade union rights.

The ECSR, in its decision on the merits adopted on 19 October 2022, assessed the complaint solely under Article 6§2, as it did in Complaint No. 161/2018. The Committee determined that this provision was the most directly relevant to the core issue, exercising its discretion to focus on the article most applicable to the substance of the complaint. It concluded unanimously that there was no violation of the right to bargain collectively as defined under that provision. The exclusion of Nursing Up from future negotiations, while acknowledged, was not deemed incompatible with the Charter’s standards. The decision was made public on 22 February 2023, and the Committee of Ministers adopted Resolution CM/ResChS(2023)29 on the same day, closing the proceedings with no further action.

Sindacato autonomo Pensionati Or.S.A. v. Italy, Complaint No. 167/2018

This case focused on the rights of pensioners in relation to the suspension of the automatic indexation of pensions. The union, Sindacato Autonomo Pensionati Or.S.A., alleged that legislative changes introduced in 2011 and amended in 2015 significantly reduced the real value of pensions by interrupting or partially freezing their adjustment to the cost of living. According to the complainant, this suspension led to a substantial erosion of the purchasing power of statutory retirement pensions and violated the principle of progressivity. 

The union argued that this situation constituted a breach of Article 12§3 of the European Social Charter, which obliges states to progressively improve their social security systems. The complainant maintained that Italy’s decision to suspend indexation was not justified by financial necessity or economic instability, noting that the country’’ macroeconomic indicator in 2015 did not warrant such restrictive measures. As such, the suspension represented a setback in pension protection, undermining the commitments Italy made under the Charter. 

In its decision on the merits adopted on 7 December 2022, the ECSR found unanimously that there was no violation of Article 12§3. The Committee acknowledged the concerns about pension adequacy but concluded that, in this instance, the measures taken by Italy did not constitute a breach of its obligations to progressively raise the standard of social security.

This decision became public on 14 June 2023, and the Committee of Minister adopted Resolution d Resolution CM/ResChS(2023)512 on 6 September 2023, bringing the case to a formal close without sanction or recommendation.

Sindacato autonomo Pensionati Or.S.A. v. Italy, Complaint No 187/2019

The complaint Sindacato Autonomo Pensionati Or.S.A. was a follow-up case brought by the same union involved in Complaint No. 167/2018, again concerning the suspension of automatic pension indexation. While the earlier case focused on the legislative amendments made up to 2015, this second complaint examined the continued impact of these measures and the long-term consequences on pension adequacy and retirees' standard of living.

Although the full reasoning of the decision is not included in the 2023 activity report, the central issue remained a potential violation of Article 12§3 of the European Social Charter, which calls on States to work toward the progressive improvement of their social security systems. The complainant argued that the prolonged suspension of indexation mechanisms was incompatible with the principle of progressivity and disproportionately affected older citizens, whose purchasing power continued to decline.

The European Committee of Social Rights (ECSR) adopted its decision on the merits on 17 October 2023 and the Resolution CM/ResChS(2024)219 was adopted on 13 December 2023, thus concluding the formal consideration of the case for the purposes of Council of Europe follow-up.

Amnesty International v. Italy, Complaint No. 178/2019

Amnesty International addressed concerns related to discrimination and social rights violations regarding the treatment of migrants and asylum seekers in Italy. Although the decision was adopted by the European Committee of Social Rights (ECSR) in 2023, it only became publicly available in 2024. The case attracted attention due to Amnesty International's standing as a global human rights organization and the sensitive nature of the issues raised.

While the specific articles of the Revised European Social Charter assessed in the complaint were not disclosed in the 2023 activity report, the complaint is understood to focus on discrimination and social rights protections for vulnerable groups. As of the publication of the 2023 report, no resolution or recommendation from the Committee of Ministers had been issued.

Conclusion 

The 2023 decisions by the European Committee of Social Rights (ECSR) regarding Italy highlight ongoing challenges and the application of the European Social Charter in practice. While the ECSR did not find any violations in the cases it reviewed, these decisions drew attention to several critical areas, including trade union participation in collective bargaining, pension adequacy, and the rights of vulnerable populations such as migrants and retirees.

These cases demonstrate the role of the collective complaints mechanism in ensuring transparency and monitoring the implementation of social rights under the Charter. By providing a platform for unions and organizations to raise concerns, the mechanism contributes to the ongoing dialogue between civil society and governments on how to uphold social rights in real-world contexts.