Reforming labour justice between inequalities and inefficiencies: The prism of Southern Europe

Luca Verzelloni

Stato e mercato, 2020, issue 2, 319-357

Abstract: Over the last fifteen years, and especially following the economiccrisis, the Southern European states have introduced a large number of reforms,on the one hand, to increase their competitiveness and encourage economic developmentand, on the other, to rationalize the «state’s side» of the welfare state, soas to reduce their public spending, as required by the austerity policies. Justice iscertainly one of the state sectors which has been deeply impacted by the reformsadopted in response to the influences exercised by European Council, Commission’sDirectorate-general for competition, Troika, European Court of Human Rights, andEuropean judicial networks.The paper, which focuses on labour justice in Portugal, Spain, and Italy, analyses,from a quantitative point of view, the effects of this long «season of reforms» bothat the macro (national) and meso level (judicial districts). This choice is driven bythe desire to compare three states characterized by a high internal and externalindependence of the judiciary – the so-called Southern European Model – and, atthe same time, to highlight the impact of different levels of organizational autonomyenjoyed by the local territories.The fundamental hypothesis of this paper is that the reforms introduced in recentyears – both on the supply and demand side of justice – have, on the whole,increased the efficiency of the judicial systems, but have not been able to reducethe inequalities, in terms of citizens’ opportunities to access to justice. The article,which fills a gap in the literature on these topics, discusses the variables that mayexplain the persistence of the territorial differences and proposes to re-define the very way of conceiving and practicing the governance not only of the justice systems,but of all the public structures.

Date: 2020
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