Effettività e diritto del lavoro nel dialogo fra ordinamento dell'Unione e ordinamento interno

• Autores: Orsola Razzolini
• Localización: Lavoro e diritto, ISSN 1120-947X, Vol. 31, Nº. 3-4, 2017 (Ejemplar dedicado a: Rimedi e sanzioni nel diritto del lavoro in trasformazione), págs. 447-470
• Idioma: italiano
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• Resumen

  • The paper investigates the meaning and the role played by the socalled principle of effectiveness both at EU and national level and in both substantive and procedural law. More precisely, while at EU level the principle of effectiveness, meant as right to an effective remedy, seems to be rooted in that of EU primacy as well as in the well-functioning of the internal market, at national level it lacks a clear legal basis. Notwithstanding, the principle of effectiveness, as it has been developed at EU level, has played a significant role and influence also at national level. The question is to what extent such principle can be invoked or relied on by national courts in order to cast doubts on the adequacy or effectiveness of national sanctions regimes. The answer to such question requires to investigate the scope, the level of protection and the field of application of fundamental EU principles and rights