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VIA LIBERA AL COLLEGATO LAVORO 2010

Approved on October 19, 2010 the related work that introduces important innovations in the field of public service.


Mobility, temporary assignments

In case of transfer of functions from central government to other entities (local governments, or outsourcing), the staff made redundant as you apply the art. 33 of Legislative Decree No 30 March 2001 165 sulle procedure di mobilità collettiva del personale in eccedenza (reimpiego presso sedi diverse della stessa amministrazione, ricollocazione presso altra amministrazione o collocamento in disponibilità per max 24 mesi).

Viene ampliata la possibilità di fruire della mobilità volontaria di cui all’art. 30 del Decreto Legislativo 30 marzo 2001 n. 165 (“passaggio diretto di personale fra amministrazioni diverse”), nella forma dell’assegnazione temporanea per un massimo di tre anni. Al riguardo, si ricorda che nel CCNL dei comparti pubblici era già previsto l’istituto dell’assegnazione temporanea, come forma di mobilità per soddisfare particolari esigenze delle amministrazioni, previo consent of the employee and for a maximum period of 12 months, after which the employee could apply for the card directly in the administration where he had been commanded. Within 60 days the government will have to restate all temporary assignments in the course.


Publication data evaluation

You change the "Privacy Code" in such a way as to allow the government to publish online the details of the evaluations of employees, without the risk of violating the confidentiality of personal data. It specifies that no information be disclosed on grounds of illness or personal nature to cause the abstention from work, or components of the assessment which may have reference to personal and confidential information about employees.

Part-time

Within 6 months after entry into force of the law, public authorities have the power to "submit a new evaluation measures for granting part-time already adopted before the entry into force of Decree Law No 25 June 2008 112 (converted into Law No 133 of August 6, 2008). Article. 73 of Decree Law was 'demoted' from right to legitimate interest of employees to process the request in relation to the part-time full-time. Since then, transformation has become no longer mandatory, but discretion by government.

unpaid

It introduces the possibility of obtaining an expectation of 12 months without salary and without the effect of seniority, to start a business or professional self. During this period, the rules on incompatibility of posts and the combined provisions of art. 53 of Legislative Decree No 30 March 2001 165. Please note that in the sectors of public CCNL already foresees the possibility of obtaining unpaid for up to 12 months in three years for personal and family reasons, or for two years and only once in life lavorativa per gravi e documentati motivi di famiglia. Si ricorda inoltre che l’art. 23 bis del Decreto Legislativo 30 marzo 2001 n. 165 ha previsto la possibilità di essere collocati in aspettativa senza assegni “per lo svolgimento di attività presso soggetti e organismi, pubblici o privati, anche operanti in sede internazionale”.



Pari opportunità, mobbing

Vengono introdotte modifiche all’art. 1 del Decreto Legislativo 30 marzo 2001 n. 165, tra cui l'obbligo per le pubbliche amministrazioni di garantire ai lavoratori il rispetto delle pari opportunità e l'assenza di ogni forma di discriminazione, diretta e indiretta, relativa al genere, all'età, sexual orientation, race, ethnic origin, disability, religion or language, access to employment, treatment and conditions of employment, vocational training, promotion and occupational safety.

There will also be required to ensure a work environment based welfare organization, eliminating all forms of violence or mental in-house.

addition, within 4 months after entry into force of the law, each director will be among its "Committee of One guarantee for equal opportunities, enhancement of the welfare of working people who are against discrimination, with a remit "Consultative, proactive and verification", which will replace the Equal Opportunities Committee and the Joint Committee on the 'bullying' (participatory bodies established by collective bargaining during the session 2002-2005).

Within 3 months after entry into force of the law the Civil Service will issue a directive containing guidelines on how the operation of the new single committee, whose activities will be funded by government. The failure to establish the single committee will involve the responsibility of managers responsible for personnel management.

leave, expectations, permits

The Connected Government delegation to work within 6 months to adopt one or more legislative decrees aimed at "reorganization" of the existing legislation on leave, expectations, and permits "any name" (including, therefore, also permits unions), with the aim of standardizing the rules between the public and private sector.

Handicapped

have modified some parts of Article. 33 of Law No. 5 February 1992 104 (allowed for assistance to people with disabilities in situations of gravity):

the use of permits is limited to spouses, relatives or marriage within the second degree, except in cases where the parents or the spouse of the person to assist abbiano superato i 65 anni o siano deceduti o mancanti, o siano anche loro affetti da grave disabilità;
viene reso esplicito il divieto (già vigente, però, nei fatti, per effetto delle numerose norme interpretative susseguitesi nel corso degli anni) di riconoscere a più di un lavoratore il diritto di assistere la stessa persona (tranne il caso di assistenza a figli con handicap grave);
il diritto a scegliere la sede lavorativa più vicina al proprio domicilio viene trasformato nel diritto a scegliere la sede lavorativa più vicina al domicilio della persona da assistere.
Viene inoltre introdotto l’obbligo per le pubbliche amministrazioni di comunicare alla Funzione Pubblica entro il 31 marzo di ogni anno i nominativi employees who use the permits in art. 33 of Act 104 and the patient and the degree of kinship.

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can happen that the meaning of a rule is hardly capibile or is due to uncertainty in front of the case to judge, you must then seek and understand the exact meaning of that standard.

This search for the real meaning is the interpretation of the rule of law that it is primarily the judge, who must give a solution to the cases submitted to it, then lawyers, legal scholars, and the legislature itself.

based on who performs the interpretation may experience the following cases:

1) authentic interpretation made by the legislature itself that lays down rules to explain a law previously enacted, the rules accordingly have retroactive effect;

2) interpretazione giudiziale effettuata dal giudice quando emette una sentenza per il caso in discussione e che vincola solo le parti in causa;

3) interpretazione dottrinale effettuata da avvocati, professori e altri studiosi del diritto in libri o durante dei convegni.

Può anche succedere che, nel giudizio di un caso, non sia prevista alcuna norma specifica per quel caso e cioè che il giudice si trovi di fronte ad una lacuna della Legge.

In questo caso va applicato l’art. 12 delle “Disposizioni sulla law in general "[ it comes to the Law introducing the Civil Code ] says:

" If a dispute can not be determined with a specific provision, it has in the rules regulate similar cases or similar matters; if the case is still doubt, it is decided according to general principles of law of the State .

This means that the judge on the case, uses the application of a rule that the legislature created to settle a similar case: then we say that the court applies a rule of law by analogy .

You can have two types analogy:

1) analogy of law (legis analogy) when the judge ruled in the case is covered by a rule of law a case unregulated;

2) analogy of law (juris analogy) when a case is not governed by a rule of law is regulated according to the principles of the legal state.

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Interpretation of the legal effectiveness of the law in time and space

Stabilire l’efficacia della Legge nel tempo significa precisare il momento in cui iniziano e terminano gli effetti della legge stessa. La legge, generalmente, inizia a produrre i suoi effetti il 15° giorno successivo a quello della pubblicazione sulla Gazzetta Ufficiale per cui solo da quel momento la legge diventa obbligatoria per tutti: è questo il principio della non retroattività in base al quale ogni legge dispone solo per l’avvenire.

In general, a law remains in force until repealed [ 's repeal is the institution through which the legislature establishes the termination of his mandate effectiveness of the law retroactive ]. The repeal may be:

1) expressed : if it is expressly established by the legislature;

2) tacit : If the above provisions are incompatible with the new Law they automatically lose their effectiveness;

3) implied if the new law rule more broadly the previous law.)

The law may also be repealed by a referendum [= instrument through which the voters are consulted on specific issues directly by voting] that can be requested by at least 500,000 voters or five regional councils.

Act Establishing the effectiveness of space means indicate the territory and people under a given law . In our system there are the following principles:

1) principle of Nationality: nationals of a foreign state who are in Italy, applies to certain matters (such as, for example. For the capacity to act) the law of the State to which it belongs;

2) principle of territoriality: to citizens of any state who are in Italy applies to certain matters (such as, for example. In case of criminal offenses), the law of the Italian State;

3) principle of freedom of choice: foreign citizens in Italy may choose, for certain matters (such as, for example. in the event of signing a contract), what state is the law that will regulate this matter;

4) principle of reciprocity: citizens to a foreign country are recognized certain rights in Italy provided that the foreign state to recognize equal rights for Italian citizens in that state.

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The rule of law, the sources and hierarchy

[ Last updated 21/10/10]

Our daily life (family, school, work, during the sports, etc.) is governed by a set of rules that determine what the correct behavior should be taken by us and by others.
These rules are called social norms because governing the behavior of the individual as part of a company.
Of all these rules relate to conduct some external (not private) individual; others, such as religious rules, moral, etc., is concerned with private behavior.
In addition, some rules unique to the principles of fairness or good manners (eg. Be punctual at school or at work), others belong to specific regulations (sports, road traffic, etc.).
In the first case a possible transgression leads only to a personal hardship or disapproval of the group, while in the latter case, the violation may lead to disciplinary action.
This means that only certain social norms have the character of compulsory ie that must be met: these are the rules of law, namely legal rules and the complex the legal rules in force in a given state is called legal system.

The legal rule is a rule that governs the life of a company and can be relied upon "by force" (coercive) means that those who do not respect it suffers a punishment (sanction).
Therefore we can also say that the rule of law is a description of certain events which occur are related to certain consequences.
From this definition we derive two characteristics: " description of certain facts" and " certain consequences."
Nel diritto la “descrizione di certi fatti” si chiama fattispecie mentre la “determinata conseguenza” si chiama statuizione .

Oltre alla obbligatorietà le norme giuridiche hanno anche altre caratteristiche che sono:
- astrattezza : la norma è la previsione di un caso ipotetico che diventa concreto e specifico solo nel momento in cui si verifica il fatto;
- generalità : la norma regola il comportamento di tutti e non solo del singolo (per es. la legge non dice che solo il sig. Rossi deve essere arrestato se ruba, bensì che " chiunque ruba deve essere arrestato");

- bilaterality : The standard has two simultaneous functions: objective ( objectivity or rule of law) because it regulates the conduct of individuals in society, subjective (subjective rule of law) because it gives the individual damaged may to protect its interest.

The objective law is divided into public law and private law . The public
is the set of rules that regulate the activity of state bodies and the relationship between them and the citizens;

the private law is the set of rules governing the relations of citizens among themselves
A further definition of rule of law is as follows: the rule of law is an obligation both to allow, that is prohibited, whether requiring .

The sources of law

sources of law are the events or acts by which created the legal framework, stand out in sources of knowledge and sources of production . For
source of knowledge, being the set of documents which are contained legal previously formed and consolidated, such as, for example. the Constitution, the Official Gazette, Codes, etc.. For
source of production, means those acts and facts (the mechanisms or procedures) which are produced through the legal rules .

The hierarchy of

The most important of the sources of knowledge is the Constitution which dates back to the validity of all productive sources of law in our legal system.
Soon after the Constitution Constitutional Laws we find that the only laws that can modify or add to the Constitution.
level drops are in order of importance, the Community Regulations, which are "laws" issued by the European Parliament, the ordinary laws State, the Regulations and, last, and the Uses the Consuetudines .

constitutional laws

Because our Constitution is "stiff" to be able to amend or supplement is provided (Article 138) a particular procedure.
The bill for the amendment or inclusion must be approved by each House after two successive votes.
Between the first and second vote must be a period of not less than 90 days and that if the second vote the law was adopted by a majority that is between 50% + 1 and two-thirds of the members of each House, the law itself may be subject to a referendum if this is required:
a) one fifth of the members of a House or
b) by 500,000 voters, or
c) 5 Regional Councils.
The law submitted to referendum shall be enacted only if approved by a majority of voting citizens.
But if the second vote on the bill was passed by two-thirds of the members of each house there can be no referendum and the law will be promulgated immediately.

Community regulations

Community regulations are "laws" enacted The Parliament of the European Union and applicable to all Member States, like Italy, which are required to apply them.
This means that the laws enacted by the Italian government can not be in conflict with EC regulations so much so that in a possible dispute between the Trust and the Italian law judges must consider the priority of the first on the second.

The ordinary laws

Laws are enacted by those who, between the organs of the State has the power to enact, such laws can not be in conflict with either the Constitution nor with the EU regulations. The most important
ordinary laws are:
1) leggi in senso formale : sono tali le leggi emanate da un organo legislativo come il Parlamento o il Consiglio Regionale (che è il “Parlamento” delle Regioni);
2) leggi in senso materiale : sono tali le leggi emanate dal Governo il quale, pur non essendo un organo legislativo, può tuttavia emanarle ma solo a determinate condizioni;
le leggi in senso materiale si dividono in Decreti Legge ( D.L. ) e in Decreti Legislativi ( D.Lgs. , detti anche Decreti Delegati ).

Il procedimento seguito per la nascita di una legge ordinaria è il seguente:
1) presentazione one of the two chambers of the bill, the presentation can be made
a) by the Government;
b) by any one Parliamentary Assembly;
c) a Regional Council
d) by CNEL (The National Council for Economy and Labour, CNEL- is required by the Constitution of the Italian Republic, Art. 99 defines it:
" advisor to the Chambers and the Government for those matters and functions that attributed to him by law. It can initiate legislation and may contribute to the development the economic and social legislation according to the principles and within the limits prescribed by law ");
s) at least 50,000 voters.
2) The proposal, voted article by article and approved by one of the rooms, go to 'other room for a second vote, if it is positive to the proposal becomes law, otherwise the proposal should be postponed to the first room for the necessary changes.
3) The new law is being examined by the President of the Republic and later by promulgated and that he ordered that the law is published, observed and enforced.
4) The law was published in the Official Gazette (official publication of the Italian state where are the texts of all laws and other important documents, for example, the decisions and EU regulations, ministerial decrees, notices of competitions, etc.) and became the executive fifteenth day following its publication. The

DL is an interim measure issued by the Government in case of necessity and urgency: enter into force immediately and must be enacted into law by Parliament within 60 days. For this. must be submitted to both Houses on the same day of its enactment and if they do not approve of the decade DL retroactively. The
D. bye-law is a measure issued by the government but on behalf of Parliament precise and well defined area.

Regulations

acts by administrative bodies are based on mutual option. Can not contain provisions contrary to the provisions of the law and serve to regulate specific functions or to explain how certain laws should be applied.

customs and practices

We intend these repetitions general, consistent and uniform certain behavior deemed proper by the public. Clearly it is not written sources, but by tradition handed down over time.