Biblioteca PGR


PP982
Analítico de Periódico



ORLANDI, Maurizio
Le competenze europee in materia di coordinamento delle politiche occupazionali / Maurizio Orlandi
Il Diritto dell'Unione Europea, n.1 (2019), p.141-174


DIREITO COMUNITÁRIO, POLÍTICA DE EMPREGO

The article analyses the European powers concerning the coordination of employment policies with the aim of correctly framing them in the system of European competences as defined in the Lisbon Treaty. This operation is however complicated by the fact that two key rules of the European system, Art. 4 TFEU and Art. 2 TFEU, live in a relationship of tension, and seem to define two distinct systems of competences, the first based on three types of attributions while the second is divided into five distinct categories. Based on the provisions of Articles 2, par. 3 and 5 par. 2 of the TFEU, which refers to a specific category of coordination competences, and identifies the specific characteristics that govern its exercise (the use of the Open Method of Coordination as opposed to the “Community” method, the diversity of origin of the individual initiatives that start from the Member States and not from the Commission, the absence of a truly binding nature of the European measures and the unusual compression of the role exercised by the democratic organs of the Union), the author sustains the classification of the European powers in the matter of coordination of employment policies among those competences that, from time to time, have been defined by the doctrine as “of coordination”, “sui generis”, “atypical”, “hybrid”, “special” or “ad hoc”. Finally, the principles that govern the exercise of the coordination of employment policies are described.