Brevi note sulle discriminazioni sindacali nel diritto dell’Unione Europea = Brief reflections on the trade union discriminations in European Union law

DESSI' OMBRETTA

2025-01-01

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Abstract

In this article, the author reflects on the identification of the rules governing trade union discrimination in European Union law, a matter of uncertainty, because the prohibition on discriminatory conduct by employers towards employees does not appear to include those motivated by their union membership or participation in trade union activities, including strikes. Specifically, she investigates their inclusion among the discriminations strictly provided for in Council Directive 2000/78/EC of 27 November 2000, which does not expressly mention all of them. She critically examines the relevant case law of the Court of Justice in light of European and international law sources and assesses its impact on the Italian system.