Il saggio, in corso di pubblicazione in DLM 2015, è destinato agli Scritti in onore di Raffaele De Luca Tamajo.

This paper underlines essentially how in Italian constitutional jurisprudence, the true protection against unjustified dismissals, although neither national nor supranational legislation imposes this, constitues a remedy that corresponds to the full implementation of the Founding Fathers’ original aim, accomplishing the protection gradually, while taking into account the general state of the economy. What follows from this is, first of all, that it is part of the legislator’s discretion to suppres or exclude it, but only temporarily and in accordance with the technique of the balancing of principles; secondly, that the drastic reduction in said protection, as in the case.