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Social Rights and Labour Law: A Brief History of a Trip to the Economies Globalisation
Gaetano Zilio Grandi
After talking about the history of social and economic rights, the author investigates their success in the European States. While doing this, obviously, he focuses on the fundamental value of the Constitutions which were approved after WW II. The Constitutions had solemnly proclaimed, for the first time, civil, political, social and economic rights.
In this light, the Italian Constitution, briefly analysed, seems to lead the contemporary situation however still keeping the main problem of the reality of the arrangements contained in it. Generally, this is the central point of the theme of fundamental rights and particularly the theme of social rights, that is their real legislative level implementation. And, in this world, the «value» of work has the central meaning in the analysis. The author, then, takes into account social rights, or better the Social Right, as it is stated in the European Union, following the Maastricht
Treaty and the subsequent evolutions of the community right, also at a directive level. Finally, he faces the decisive issue of the defence of the social rights at an intra-national level, delegated to the territorial corporations; he does that in the context of the processes of normative and administrative decentralization that is meant to be in our country.
In this way, the author concludes, the social rights and the right to work find themselves between globalization and localization, and they may develop themselves in the future.
07/10/2010