The rise and fall of EU labour law

EU labour law—namely that heterogeneous, unstable combination of interventions, tools, measures, sources through which the EU directly or indirectly impacts on the normative and functional frameworks of individual and collective labour law systems of the Member States in a relationship of mutual interference and interaction–is experiencing a progressive loss of relevance, with an unprecedented decline of its normative rationales, functions, regulatory techniques, and constitutional hierarchies. This article offers a critical reflection on the reasons behind such a regressive path in the context of the EU crisis.     

Majoritarian miracles and the question of party system change

European Journal of Political Research - The 1996 elections in Italy may be evaluated using a dual means of inquiry: which novelties (or the absence thereof) appear with respect to 1994? And, how...     

How to lose a majority: the competition in single–member districts

Few observers expected that the 1966 elections in Italy would yield a clear–cut outcome. Even fewer people expected that, after the disastrous results of the previous elections, the centre–left coalition would be able to gain a majority of seats in both branches of Parliament. Yet this is precisely what happened on 21 April 1996. This article tries to explain the comeback of the 1994 losers by focusing on three factors which have changed the electoral balance between the two major coalitions in the single–member districts. The first factor was the ability of the centre–left coalition (Ulivo–RC) to broaden its range while its major rival (the Polo) lost key allies. The result has been a more competitive stand of centre–left candidates, particularly in the North. The Polo lost the support of the Lega Nord and suffered the split of the Movimento Sociale on its right. These defections, along with others, led to the loss of a considerable number of seats. Finally, the Polo also suffered from the defection of a considerable number of its voters who voted for one of the parties of the centre–right coalition in the proportional arena, but refused to vote for the Polo candidate in the single–member districts. We conclude by suggesting a number of hypotheses that could explain this split–ticket phenomenon.     

Majoritarian miracles and the question of party system change

The 1996 elections in Italy may be evaluated using a dual means of inquiry: which novelties (or the absence thereof) appear with respect to 1994? And, how many and in what way (if any) do they contribute to the definition of a new type of party system and a new logic of political competition? As regards the former perspective, we address three questions which represented fundamental issues at the time of the vote: (a) Would the new electoral system manage to provide a clear and stable governmental majority where it had failed to do so in 1994? (b) Would the political parties and alliances have changed their offers to the voters? (c) Would the voters have changed their behaviour, adapting it not just to any new offers, but especially to the logic of majoritarian competition? Regarding the latter perspective, these questions can be amalgamated into a single enquiry: Do the 1996 elections constitute a decisive step in the direction of a new party system, or are they a step backwards, or do they simply present a static picture?     

Swiss Politicians' Ties: A Comprehensive Dataset

Focusing on the of 49^th Swiss legislature, we build a dataset about the politicians' links with lobbying groups. We approximate political ties considering three dimensions: (1) politicians' mandates in legal entities; (2) their professions, and (3) the enterprises, associations and other organizations related to the recipients of access rights provided by politicians. This research note proposes an objective and integrated way to classify the links coming from different sources by using codes of the General Classification of Economic Activities (NOGA2008). We find that the three dimensions used to approximate politicians' links are complementary, each of them containing additional information. Our results also show that politicians' interests distribution across economic categories depends on political group, gender and geographical origin.     

Social Insurance Monopolies in Community Competition Law and the Italian Constitution: 'Practical' Convergences and 'Theoretical' Conflicts

An Italian judge, following earlier suggestions of the national antitrust Authority, has referred to the Court of Justice for a preliminary ruling under Article 234 EC Treaty two questions on the interpretation of Articles 81 and 86 of the EC Treaty. With those questions, raised in an action brought by a self‐employee against the Istituto Nazionale per l'Assicurazione contro gli Infortuni sul Lavoro (INAIL) concerning the actor's refusal to pay for social insurance contributions, the Tribunale di Vicenza has in summary asked the Court of Justice whether the public entity concerned, managing a general scheme for the social insurance of accidents at work and professional diseases, can be qualified as an enterprise under Article 81 EC Treaty and, if so, whether its dominant position can be considered in contrast with EC competition rules. This article takes this preliminary reference as a starting point to consider in more general terms the complex constitutional issues raised by what Ge´rard Lyon‐Caen has evocatively called the progressive ‘infiltration’ of EC competition rules into the national systems of labour and social security law. The analysis is particularly focused on the significant risks of ‘constitutional collision’, between the ‘solidaristic’ principles enshrined in the Italian constitution and the fundamental market freedoms protected by the EC competition rules, which are implied by the questions raised in the preliminary reference. It considers first the evolution of ECJ case law—from Poucet and Pistre to Albany International BV—about the limits Member States have in granting exclusive rights to social security institutions under EC competition rules. It then considers specularly, from the Italian constitutional law perspective, the most recent case law of the Italian Constitutional Court on the same issues. The ‘contextual’ reading of the ECJ's and the Italian Constitutional Court's case law with specific regard to the case referred to by the Tribunale di Vicenza leads to the conclusion that there will probably be a ‘practical convergence’in casu between the ‘European’ and the ‘national’ approach. Following the arguments put forward by the Court of Justice in Albany, the INAIL should not be considered as an enterprise, in line also with a recent decision of the Italian Constitutional Court. And even when it was to be qualified as an enterprise, the INAIL should in any case be able to escape the ‘accuse’ of abuse of dominant position and be allowed to retain its exclusive rights, pursuant to Article 86 of the EC Treaty. This ‘practical convergence’in casu does not, however, remove the latent ‘theoretical conflict’ between the two approaches and the risk of ‘constitutional collision’ that it implies. A risk of a ‘conflict’ of that kind could be obviously detrimental for the European integration process. The Italian Constitutional Court claims for herself the control over the fundamental principles of the national constitutional order, assigning them the role of ‘counter‐limits’ to the supremacy of European law and to European integration. At the same time, and more generally, the pervasive spill over of the EC market and competition law virtually into every area of national regulation runs the risk of undermining the social and democratic values enshrined in the national labour law traditions without compensating the potential de‐regulatory effects through measures of positive integration at the supranational level. This also may contribute to undermine and threaten, in the long run, the (already weak) democratic legitimacy of the European integration process. The search for a more suitable and less elusive and unilateral balance between social rights and economic freedoms at the supranational level should therefore become one of the most relevant tasks of what Joseph Weiler has called the ‘European neo‐constitutionalism’. In this perspective, the article, always looking at the specific questions referred to the Court of Justice by the Tribunale di Vicenza, deals with the issue of the ‘rebalance’ between social rights and economic and market freedoms along three distinct but connected lines of reasoning. The first has to do with the need of a more open and respectful dialogue between the ECJ and the national constitutional courts. The second is linked to the ongoing discussion about the ‘constitutionalization’ of the fundamental social rights at the EC level. The third finally considers the same issues from the specific point of view of the division of competences between the European Community and the Member States in the area of social (protection) policies.     

Beta-tryptase and quantitative mast-cell increase in a sudden infant death following hexavalent immunization

The association between sudden infant death syndrome and immunization is frequently discussed. Serious adverse events following vaccination have generally been defined as those adverse events that result in permanent disability, hospitalization or prolongation of hospitalization, life threatening illness, congenital anomaly or death. They are generally referred to the inherent properties of the vaccine (vaccine reaction) or some error in the immunization process (programme error). The event could also be totally unrelated but only temporally linked to immunization (coincidental event). A fatal case of a 3-month-old female infant, who died within 24 h of vaccination with hexavalent vaccine is presented. Clinical data, post-mortem findings (acute pulmonary oedema, acute pulmonary emphysema), quali-quantitative data collected from immunohistochemical staining (degranulating mast cells) and laboratory analysis with a high level of beta-tryptase in serum, 43.3 microg/l, allows us to conclude that acute respiratory failure likely due to post hexavalent immunization-related shock was the cause of death.     

Ambivalence in Intergroup Evaluation: The Role of Fairness Norm

We conducted two studies to examine the role of the social norm of fairness on cognitive (beliefs and judgments) and affective (emotions and feelings) ambivalence in an intergroup context of evaluation. As predicted, we found that ambivalence toward the ingroup is constantly higher in the cognitive dimension than in the affective dimension. Instead, cognitive and affective ambivalence toward the outgroup are generally similar but when the outgroup is highly protected by the fairness norm (i.e., the elderly), cognitive ambivalence is considerably lower than affective ambivalence. These findings provide evidence that (1) cognitive ambivalence is more controlled by the fairness norm than affective ambivalence, and that (2) it holds an adaptive function, changing in accordance with the demands of the normative context.

The Right to Gender Recognition before the Colombian Constitutional Court: A Queer and Travesti Theory Analysis

This article discusses the case-law on gender recognition of the Colombian Constitutional Court. It argues that the Court, paying attention to queer and trans theory and to the demands of trans activists, has interpreted mainstream constitutional rights in such a way that trans people can have their self-defined identities recognised. The article criticises the limitations of this case-law, which still does not explicitly include non-binary and gender fluid people. On the other hand, it highlights that the Court's doctrine has the potential to challenge both the gender binary and the very category of ‘sex’ or ‘gender’ in the law.