Nel corso dell’ultimo anno vi è stato ampio dibattito in merito alla legittimità costituzionale del blocco dei licenziamenti, introdotto dalla normativa emergenziale e attualmente in scadenza al 31 marzo, in quanto potenzialmente contrario alla libertà di iniziativa economica privata garantita dall’art. 41 della Costituzione.
In Spagna, dove è in vigore un blocco dei licenziamenti simile al nostro, la questione è stata di recente affrontata in un’aula giudiziale.
Nello specifico, con sentenza n. 283 del 15.12.2020, il Tribunale di Barcellona (Juzgado de lo Social N°. 1 de Barcelona), premessa la legittimità e giustificatezza delle misure eccezionali adottate per contrastare l’epidemia da Covid-19, ha tuttavia ritenuto illegittima la loro ripetuta proroga, in quanto in contrasto con il diritto alla libertà di impresa riconosciuto dal diritto dell’Unione Europea (art. 16 della Carta Europea dei Diritti Fondamentali) e dalla stessa Costituzione spagnola all’art. 38.
Vedremo se prima o poi la questione verrà affrontata anche dai Giudici italiani. Intanto restiamo in attesa di conoscere quali saranno le decisioni del Governo in merito all’eventuale nuova proroga del blocco dei licenziamenti oltre il 31 marzo.
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