Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Italy (Ratification: 1958)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with interest that the Government informs that the Constitutional Court’s ruling no. 120 of 2018 took a historic stance on the subject of professional associations “of a trade union nature” for military personnel. With this judgment, the Constitutional Court declared as partially unconstitutional section 1475 of Legislative Decree No. 66/2010 – which provided that “Military personnel may not form professional associations of a trade union nature or join other trade union associations” – and ruled that military personnel may set up professional associations of a trade union nature under the conditions and within the limits laid down by law, without prejudice to the prohibition on joining other trade union associations.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Article 2 of the Convention. The Committee understands that the Justice Committee of the Italian Senate has approved a Bill modifying the Judicial Regulations to prevent judges from joining or participating in any organization with political objectives or which conducts political activities. As this provision could be understood as preventing judges from joining a trade union, the Committee recalls that under Article 2 of the Convention, workers and employers, without distinction whatsoever, shall have the right to establish and, subject to the rules of the organization concerned, to join organizations of their own choosing without previous authorization. The Committee therefore requests the Government to provide clarifications as to whether this provision has the effect of excluding judges from the right to organize and, if this is the case, to take the necessary measures to guarantee that judges continue to enjoy the right to organize. It requests the Government to keep it informed of any development in this respect.