“Salaries state block illegitimate” But the consultation saves the past – The Messenger

The extension of the block of collective bargaining for public employment is unlawful because it violates the liberty union. Or rather, it will be the day when the Constitutional Court ruling will be published in the Official Journal. The government Renzi is breathing a sigh of relief: the expected verdict of the Consulta saves the previous, compared with a chasm of 35 billion Euros on public accounts estimated by the State, with a structural effect of € 13 billion in euro starting in 2016. It would have been far worse drubbing than experienced last month, following the ruling of the consultation on the lack of indexation of pensions that has forced the government to raise 2.2 billion. This time, however, “who had had and who gave gave”: that block contract and salary, which lasted from 2010 to 2015, will not have any arrears to be paid but will have as a direct consequence of the re-opening of negotiations for the renewal of contracts.

UNANIMOUSLY ‘
 Unlike the verdict on pensions, which broke the Court so as to make the decisive vote of the chairman Alessandro Criscuolo, that goes double, the closed session yesterday was held in the name of compromise. And, once you find the mediation, the verdict of 12 judges was unanimous. Too terse – just six lines – the press release states that, ‘with effect from the publication of the judgment, the unconstitutionality of the supervening object mode of collective bargaining of public work. ” Now we have to wait for the reasons that will be written by Judge Silvana Sciarra, who wrote the judgment on pensions. It is said that this happens quickly. As Judge Paolo Maria Napolitano, whose mandate expires on July 10, has attended the hearing and the council chamber, his presence at the reading of the reasons it would seem not to be necessary in accordance with Regulation. Which means that the government will take a little ‘more time to get to the bottom of how and when to restart the negotiations on the financial treatment of about three million civil servants affected by the blockade.

UNION RIGHTS
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 The college would initially divided: on one side the judges who agreed with Professor Sciarra in declaring the illegality of the blockade of the contracts extended beyond the period 2011-2013; on the other those who, as Giuliano Amato and Niccolò Zanon, would be more inclined to a decision of groundless appeals to be accompanied by a “warning” to the legislature because it would put “insurmountable limits’ within blocks of bargaining. If the first argument had been accepted, it would open an issue of repayments and charges for public finance, even if only for a year. The compromise solution was found by extending the illegality rules that have extended the contract block at the end of 2015, but at the same time reconciling the choice with two very specific indications. The first: the rejection was made for the “compression of the fundamental right of freedom of association” (art.39 of the Constitution) and not because of the violation of the right to adequate remuneration (article 36). Second, it is an illegitimate “supervening” and not the original, without retroactive effect, to heal which is sufficient to reopen the negotiation process that will take place within the limits of available resources that the legislature, in its discretion, decide to allocate. The solution is undoubtedly a compromise, but the consultation was not easy to reconcile the constitutional objective of a balanced budget (PURSUANT TO ART.81) with the protection of other rights such as trade unions.

THE BACKGROUND
 A good “assist” to heal the period 2011-2013 to block contract, and to reject its continuation to 2015, the Consultation had him by two of its recent decisions: one on fiscal compact of 2013 and the judgment 219 of 2014. In both had been given the green light to “harsh sacrifices” in the public sector in view of the economic crisis outstanding. But with a definite constraint, namely that measures to contain spending were worth for a “limited time.” But he went further.

 25 June 2015 06:18 – Last Updated: 8:35

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