Acceso usuarios
Franco Scarpelli
The Author reconsiders the discussion, arisen after the ack-nowledgement of the Republican Constitution, about the relation-ship between law and economics, and in particular between la-bour law and freedom of economical initiative. The most discus-sed matter concerns the right balance between enterpríse's free-dom and limits meant to protect person's values: this is reflecting on the possibility of the judge to exercise control on the actions of the entrepreneur. The Author suggests a distinctíon between ran-ges of actions carried out either according to economical initiative (actions of the entrepreneur, free in the limits of imperative law rules) or to its development in employment raltionships (actions of employer, wholly subject to employment agreement rules): the lat-ter can be controlled by the judge, also poínting out limits resul-ting from general clauses of faírness and good faith and from ge-neral principies laid down by article 41 Constitution. The same rules can be used for the judiciary control of collective bargaining acts. The Author verifies the solutions proposed in relation to the rules of redundancy criteria
