Acceso usuarios
Antonio Alessandro Scelsi
Moving from the preliminary assumption that it may be extended beyond the field of public procurement, this article examines the suitability of the principle of equivalence of protections laid down in Article 11 of Legislative Decree No. 36/2023 to rationalise the fragmented landscape of collective bargaining, by deploying an initial and effective response to phenomena of downward regulatory competition. After briefly outlining the main features of the new statutory mechanism and highlighting its principal points of fragility, also in light of the first applications emerging in case law and through the analysis of practical cases, the Author reflects on its initial results and potential inefficiencies. Particular attention is paid to the risks arising from the continuing absence of certification mechanisms for the representativeness of the trade union and employers’organizations signing collective agreements, especially in view of the reform orientations set out in Law No. 144/2025.
