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This article analyses Constitutional Court judgment No. 156/2025, which reconfigures Article 19 of the Workers’ Statute by introducing the criterion of “national comparative representativeness.” The decision confirms a structural feature of Italian labour law: the persistent reliance on judicial intervention to compensate for the absence of legislation implementing the second part of Article 39 of the Constitution. While presented as an interim solution, the new criterion remains normatively fragile and may lead to inconsistent judicial assessments in the absence of statutory parameters. The article argues that the Court implicitly elevates the 2014 Trade Union Representation Agreement (Testo Unico) to an indirect regulatory benchmark. Although not formally incorporated into state law, the Testo Unico provides the only empirically grounded method for assessing representativeness and thus becomes, through constitutional endorsement, a de facto interpretive standard. The conclusion highlights the urgent need for comprehensive legislation capable of stabilising a system that can no longer rely on judicial constructions alone.