By the press release of the basic trade union organizations that had called the strike of December 15th
That Salvini's ordinance, with which he imposed the 4 -hour reduction in the strike of the whole day of 15.12,2023 of the Autoferrotranvieri, was a real abuse of power was clear to the whole category, fighting to improve the wage conditions , regulations, security and against privatizations.
On the other hand, the Autoferrotranvieri had already undergone an order to reduce the strike of 27.11.2023, deciding to postpone it to 15.12.2023.
Now also the Tar of Lazio has recognized the legitimacy of that mobilization of 15.12.2023 and the illegitimacy of the order to reduce the strike issued by Salvini, considering it, in fact, a real abuse of power of the minister who intervened without one Founded reason for urgency and without "the existence in the concrete of the substantial assumptions to provide".
The Tar of Lazio, in recognizing the possibility, in the abstract, of the Minister of Transport to intervene
On the strikes to limit or revoke its execution, conferred by the anti -transopero law, he confirms the limits within which this power must be exercised.
In reality, as the acronyms of the basic unions had denounced that they had unitary the mobilization of 15.12.2023 united, Salvini abused the power conferred on him by art. 8 of L.146/90 and L.83/00 - rules that limit the exercise of the right of strike in Italy - just to do its election campaign, as a minister capable of using the iron fist against workers the exercise of the "right of rights" such as strike.
Even the judges of the Administrative Court of Lazio have recognized the illegitimacy of an anti-democratic and unacceptable act that cannot and must not be repeated either against the bus and tram drivers, or against workers in general.
28.3.2024 The judges of the Administrative Court of Lazio recognized the illegitimacy of an anti -democratic and unacceptable act that cannot and must not be repeated either against self -arterrnvieri, nor against workers in general.
28.3.2024
ADL Cobas
AL Cobas
Confed. COBAS
Cub Transport
SGB basic general union
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Excerpt of the sentence
DEL LAZIO TAR 28.3.2024
Now, given that the contested ordinance was adopted without the prior reporting by the Commission, the clear explicit of the special reasons of necessity and urgency, relating to facts that occurred that occurred, occurred close to the abstention, such as to legitimize the 'officious intervention of the minister.
Except that, no adequate indication in this sense is given to find in the opponent's provision, in which the dicastery has limited itself to referring to facts and circumstances already known by the Commission and evidently not considered suitable to concretize the invitation to provide ex art. 8 L.N. 146/1990.
This is to be said, in particular: (i) for the concentration in the same time slot of the various collective abstention initiatives; ii) for the concrete effects of the strike, taking into account the intermodal transport system and the intensity of traffic No. 16464/2023 REG.RIC. passengers on the days of the agitation; (iii) for the inconveniences of strikes, which followed one another at the same time; iv) for the adverse weather conditions, which affected part of the country, an element which, if it had occurred, could at most have legitimized a more territorially circumscribed intervention, in homage to the principle of proportionality (see pages 2 and 3 of the ordinance for these aspects).
No further evaluation tax concerning the need and urgency of the intervention was then added to the previous framework already crystallized and assessed by the Commission as not suitable for supporting the report pursuant to art. 8 of the L.N. 146/1990
