Constitutional Court ruling no. 156 of 2025 marks a significant turning point in the regulation of company-level trade union representatives, intervening on Article 19 of the Workers' Statute through an additive decision that introduces a new criterion of legitimacy for their establishment. The Court declares the provision unconstitutional insofar as it fails to allow RSA to be established within trade union associations that are comparatively more representative at the national level, even in the absence of participation in negotiations or signature of collective agreements applied in the production unit. The article reconstructs the historical and case-law evolution of Article 19, from its original 1970 formulation through the 1995 abrogative referendum to rulings nos. 231 of 2013 and 156 of 2025, highlighting how the progressive transformation of industrial relations has eroded the «practical rationality» underpinning the existing criteria. The analysis critically examines the new standard introduced by the Court, identifying its structural indeterminacy and applicative tensions, as well as the ongoing judicial gap-filling role the Court assumes considering persistent legislative inaction. The article concludes by advocating for a comprehensive legislative reform that gives full effect to genuine trade union representativeness through objective and verifiable criteria, in accordance with the constitutional principles of trade union freedom and pluralism.
La mutata «razionalità pratica» dei criteri per la costituzione delle RSA e gli effetti sulle regole della rappresentanza sindacale. Nota a Corte costituzionale, sentenza n. 156 del 2025
Andrea Michieli
2026
Abstract
Constitutional Court ruling no. 156 of 2025 marks a significant turning point in the regulation of company-level trade union representatives, intervening on Article 19 of the Workers' Statute through an additive decision that introduces a new criterion of legitimacy for their establishment. The Court declares the provision unconstitutional insofar as it fails to allow RSA to be established within trade union associations that are comparatively more representative at the national level, even in the absence of participation in negotiations or signature of collective agreements applied in the production unit. The article reconstructs the historical and case-law evolution of Article 19, from its original 1970 formulation through the 1995 abrogative referendum to rulings nos. 231 of 2013 and 156 of 2025, highlighting how the progressive transformation of industrial relations has eroded the «practical rationality» underpinning the existing criteria. The analysis critically examines the new standard introduced by the Court, identifying its structural indeterminacy and applicative tensions, as well as the ongoing judicial gap-filling role the Court assumes considering persistent legislative inaction. The article concludes by advocating for a comprehensive legislative reform that gives full effect to genuine trade union representativeness through objective and verifiable criteria, in accordance with the constitutional principles of trade union freedom and pluralism.
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