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

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

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.