Il diritto alla disconnessione: origini, evoluzione, prospettive

This article examines the scope of the so-called “right to disconnect”, which has attracted increasing attention within the European legal landscape over the past decade, particularly in light of the adoption of new organizational models during the pandemic period (notably smart working and remote work). The analysis of the underlying foundations of this emerging fundamental right and of the mechanisms available for its protection is preceded by an in-depth examination of the crisis affecting the standard model for defining working time, as well as of the consequences that this crisis entails for the continuing relevance of constitutional provisions governing working hours, rest periods, and the protection of non-working time.