Chapter Ancora due interventi della Corte costituzionale sul regime sanzionatorio del licenziamento illegittimo

Abstract

The article discusses two recent Constitutional Court rulings, nos. 7 and 22 of 2024, concerning sanctions against unlawful dismissals. The first decision rejected the constitutional challenge (also in relation to European law) regarding the exclusion of reinstatement in cases of unlawful collective dismissals due to a violation of the selection criteria among workers, as provided by Article 18 of Law no. 300/1970. In the second ruling, however, the Court declared the unconstitutionality of the provision in Legislative Decree no. 23/2015 (Jobs Act), which allowed reinstatement only when nullity was explicitly provided for by law. The author generally agrees with both rulings, albeit with some clarifications.