How are EU rules transposed into national law? : Italy 2016 The structure of the national legal system for guaranteeing equal treatment in Italy is mainly based on constitutional and statutory law. Statutory law can take the form of Acts of Parliament or Governmental Decrees; governmental decrees are issued following an act of delegation sent by Parliament to the Government (a legislative decree). The Constitution ensures the fundamental rights of the person and sets limits on property rights and on private economic initiatives in relation to fundamental rights and the public interest. Civil actions are based on the fundamental rights contained in Article 2 of the Constitution (tort law, Article 2059 c.c.) in all cases of non-economic loss (pain and suffering). The principle of equality provided in Article 3 of the Constitution is generally not relied upon in civil actions although, theoretically, it could indeed be relied upon; however, reference to this principle of equality is quite often made by the Constitutional Court to verify the constitutional legitimacy of legislation

Country report, Gender Equality. How are EU rules transposed into national law?: Italy 2016

RENGA, Simonetta
2016

Abstract

How are EU rules transposed into national law? : Italy 2016 The structure of the national legal system for guaranteeing equal treatment in Italy is mainly based on constitutional and statutory law. Statutory law can take the form of Acts of Parliament or Governmental Decrees; governmental decrees are issued following an act of delegation sent by Parliament to the Government (a legislative decree). The Constitution ensures the fundamental rights of the person and sets limits on property rights and on private economic initiatives in relation to fundamental rights and the public interest. Civil actions are based on the fundamental rights contained in Article 2 of the Constitution (tort law, Article 2059 c.c.) in all cases of non-economic loss (pain and suffering). The principle of equality provided in Article 3 of the Constitution is generally not relied upon in civil actions although, theoretically, it could indeed be relied upon; however, reference to this principle of equality is quite often made by the Constitutional Court to verify the constitutional legitimacy of legislation
978-92-79-47032-5
anti-discriminatory measure, national implementation of Community law, sexual discrimination, equality between men and women, maternity leave, equal treatment, equal pay, paternity leave, sexual harassment, age discrimination, national law, parental leave, pension scheme, social security, Italy, report
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11392/2356532
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