The block of salary adjustments for state employees is illegal. To determine this, from what transpires, was the Consulta. The Constitutional Court, however, decided to save hano the past, as they had done in the case of the judgment on the Robin Hood Tax. This means that the government will not have to repay the arrears of the blockade which has lasted five years and that, according to estimates by the Treasury, would have an impact of 35 billion on public accounts.
The View “has declared illegal the continuation of the freezing of public employment contracts. ” It is the interpretation, collection dall’Adnkronos, former president of the Constitutional Court, Cesare Mirabelli, who noted, “we used a formula that indicates not the illegality of the original rule but a supervening illegality.”
Now, Mirabelli said, “will be left to the determination of the bargaining economic content that must be re-opened in the relationship between government and unions.” The lawyer also referred to two previous decisions of the Court, that the Robin Hood tax and that on the revaluation of pensions. In both cases, there are significant differences with respect to the pronunciation of today. In the first case, the illegality stemmed from “a tax whose effects were reversed on the user.”
In the second, that of pensions, “in circumventing of rules and fact suspended, those that provide for the re-evaluation. ” In the imposition of today, still it shows Mirabelli, “you use a tool, that a finding of illegality occurred, which is often used in Germany.” And that, in fact, shows the way forward to remedy the illegality: the Consulta “reopen the ordinary trading on the remuneration of civil servants.”
REACTIONS
Massimo Gibelli , spokesman for the secretary-general of the CGIL, Susanna Camusso , a few minutes from the ruling of the consultation launched following Tweet: “Unlawful blocking of contracts in # PA Now the government removed it and open negotiations “, followed by the press release issued by the Court.
” The State Council has decided: the blocking of contracts in the public sector is illegitimate. The Government, therefore, will convene immediately to renew the contracts of all workers in the industry: it’s no wait a minute more in the years that we have already lost. “
This was stated in a note is the general secretary of Uil, Carmelo Barbagallo , commenting on the ruling of the consultation. Certainly, he adds the leader of the UIL, “our Prime Minister and the Minister Madia will be ready to enforce the judgment and proceed accordingly: if it were not so, we would be facing a serious act against which we would remain with folded arms. We have always said that 2015 must be the year of the contracts: now there are all the conditions so that our claim and this commitment be respected. “
Finally, emphasizes Barbagallo,” the fact that the block was not considered illegal in the past does not prevent us to claim the ‘stolen goods during the union negotiations. It is a right that we want and we have to exercise, in the form and manner that may result from the comparison, to return to the public sector workers’ purchasing power lost in these years. “
” The See the judgment that declared illegal blocking of public contracts delete a manifest injustice that has lasted for six years for millions of workers and public employees. ” It underlines how the general secretary of Cisl, Annamaria Furlan , in a statement. “To have stuck with a unilateral decision employment contracts for all these years, – says Furlan – in addition to having caused a depletion objective for millions of civil servants, stopped all the processes of modernization and reorganization of public administration, that can achieved only through negotiation and discussion with the union at both central and decentralized level in particular to reduce waste and recover efficiency and quality of services. “
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