Partie polityczne i związki zawodowe – regulacja konstytucyjna i jej realizacja

Abstract

The study aims to underline the main aspects which mark, by similarity or by difference, the constitutional framework of two forms of association which, during the republican public life, often have shown contact points or even overlapping points: political parties and workers unions. In this perspective, starting from the examination of the articles 39 and 49 Const., the essay highlights the characteristics of the rights contained therein, as well as the different meaning that the concept of “implementation” can take with respect to each of them; on this last point, after noting how in both cases a supplementary and detailed intervention of the ordinary legislator is lacking and fragmentary, it investigates the reasons and it underlines the consequences. From all of the previous considerations, finally, the authoress draws some quick concluding observations, in which, among other things, it is stressed that the inability of the provisions contained in the last paragraphs of the art. 39 on collective labor agreements to establish themselves on the floor of the concrete life of the legal system, leaves more space to the assumptions and the wishes of their overall rethinking.