Quirinale Intervenes in Senate Budget Commission to Avert Rights Violations

The Quirinale intervened in the Senate Budget Commission to prevent the approval of measures violating rights and guarantees, specifically regarding a provision concerning employer liability for unconstitutionally low wages. This intervention aimed to ensure adequate debate on sensitive issues.

Quirinale Steps In Amidst Senate Budget Turmoil

Sources confirm that the Quirinale intervened in the Senate Budget Commission to prevent the approval of measures that could infringe on rights and guarantees without proper debate. The intervention specifically targeted a provision dubbed a “shield” for employers regarding wages deemed unconstitutionally low.

The measure, introduced via a sub-amendment by Fratelli d’Italia, stipulated that if a judge finds the collectively agreed wage standard non-compliant with Article 36 of the Constitution, employers could not be ordered to pay wage or contribution differences for the period preceding the lawsuit if they applied the collectively agreed standard or equivalent protections.

Opposition leaders and unions denounced the measure as “unconstitutional, shameful, and cowardly”. While these strong words reflect their frustration, the withdrawal addressed legitimate concerns that such a sensitive issue should not be decided by a rushed majority vote.

The core issue remains: how to address wage disparities without undermining the right to judicial review. The withdrawn provision was viewed as a crude attempt to resolve this complex problem.

Milan Prosecutor's Office Takes Action

The Milan Prosecutor's Office, led by Deputy Prosecutor Paolo Storari, has been actively addressing labor exploitation. Storari boasts of having internalized 50,000 workers in companies and secured €60 million for workers.

The prosecutor's office has initiated investigations involving major companies in logistics, retail, security, and fashion, accusing them of violating Law 199/2016, which combats illegal labor and exploitation by criminalizing “illegal intermediation and labor exploitation”. This law penalizes both those who recruit and those who employ exploited workers. Exploitation is defined as taking advantage of workers' vulnerable state, with severe penalties including mandatory arrest in cases of violence.

Judicial Oversight and Corporate Compliance

The prosecutor's office uses judicial control of companies, effectively a form of receivership, and the precautionary seizure of funds. This allows them to negotiate with companies, who often agree to make payments and revise their supply chains to ensure direct hiring in exchange for the revocation of receivership and the return of seized funds.

These initiatives have been ongoing for years, targeting sectors with weak collective bargaining agreements.

The Legality of Judicial Review of Collective Agreements

Is the judiciary authorized, under Article 36 of the Constitution, to review the non-compliance of a signed and regularly applied collective agreement?

According to constitutional and ordinary jurisprudence, collective bargaining agreements (CCNL) are the primary practical tool for defining wage and regulatory parameters, which judges use as a reference to verify the correctness of remuneration and fill any gaps, ensuring the effective application of the constitutional principle.

A more recent view allows judges to evaluate the appropriateness of contractual wage provisions in specific situations. No rule prevents a judge from considering parameters confined to the collective agreement. The Supreme Court recognizes the judge's freedom of judgment even with laws like a minimum wage, but this should be used cautiously to avoid undermining the mediation between social partners.

Freedom of Judgement

The freedom of judgement is there to allow parameters that rest confined in the collective agreement. The Supreme Court recognizes the judge's freedom of judgment even with laws like a minimum wage. This should be used cautiously to avoid undermining the mediation between social partners.

The Risk of Extortion

The President, as the guarantor of institutional fairness and head of the CSM, must also consider another issue. While a third-party judge should have the final say on applying the law, the Milan Prosecutor's Office's new approach means that targeted companies with international reputations do not even encounter a third-party judge.

It's clear that any business, especially those with poor industrial relations, will choose to pay a ransom rather than face lengthy and uncertain legal proceedings. Their engagement begins and ends with the prosecutor's office, whose actions risk becoming extortion.

The Problem of Justice

The problem of justice is that it has the characteristics of a true and proper extortion. Any business, especially those with poor industrial relations, will choose to pay a ransom rather than face lengthy and uncertain legal proceedings.

As Filippo Sgubbi wrote in “Total Criminal Law,” our existence is governed by criminal law, which pervades every aspect of individual and social life. This law punishes without law, truth, or fault, creating long-lasting contamination. Criminal law is seen as a remedy for every injustice, judged and sanctioned by political correctness rather than the law.

The Erosion of Legal Recourse

In these cases, the prosecutor's office takes a further step, seeking to administer justice with media attention while denying defendants access to a judge. These tendencies should be considered when voting in the referendum.

The use of judicial control of companies allows them to negotiate with companies, who often agree to make payments and revise their supply chains to ensure direct hiring in exchange for the revocation of receivership and the return of seized funds.

These initiatives have been ongoing for years, targeting sectors with weak collective bargaining agreements.

Evolution of Criminal Law

Criminal law is seen as a remedy for every injustice, judged and sanctioned by political correctness rather than the law.

In these cases, the prosecutor's office takes a further step, seeking to administer justice with media attention while denying defendants access to a judge.

Prosecutor's Office

The prosecutor's office takes a further step, seeking to administer justice with media attention while denying defendants access to a judge.

The Milan Prosecutor's Office, led by Deputy Prosecutor Paolo Storari, has been actively addressing labor exploitation. Storari boasts of having internalized 50,000 workers in companies and secured €60 million for workers.

Opposition leaders and unions denounced the measure as “unconstitutional, shameful, and cowardly”.

Overview of Key Figures in the Milan Prosecutor's Office

As Filippo Sgubbi wrote in “Total Criminal Law,” our existence is governed by criminal law, which pervades every aspect of individual and social life.

Details of Law 199/2016

These tendencies should be considered when voting in the referendum.

Details of Actions by Milan Prosecutor's Office

Key Legal Concepts and Interpretations

The prosecutor's office uses judicial control of companies, effectively a form of receivership, and the precautionary seizure of funds.

Impact on Companies

Overview of Controversial Measure

Effects of the Quirinale's Intervention