Di prossima pubblicazione in Introduzione al diritto sindacale. Letture e riletture, a cura di O. Mazzotta.

The paper deals with one of the “most oximoric” norm of the Italian Constitution and with the perspectives of a legislative intervention on trade union representativeness and collective bargaining in the light of Massimo D’Antona’s lesson on this themes.

The analyses is carried out dialoguing with Massimo D’Antona’s work on trade union law and, in particular, on five essays that prof. D’Antona devoted to the issues of trade unions representation and representativeness and to the prospects of implementation of article 39 of the Costitution, without reforming it, but preserving its inherent normative contents (the “nocciolo duro” of Article 39, as D’Antona defined it in 1999).