Il riparto di competenze tra Stato e Regioni in materia di pubblico impiego

The reform of Title V, second part of the Italian Constitution has involved a deep change concerning the division of the legislative power between State and Regions, thus implying delicate and complex interpretative issues, that also invest labour law. In this thesis, the analysis will be focused on the impact of the constitutional reform on the legislative competence for the regulation of the employer-employee relationships in the Civil Service. To this extent, it will be necessary to preliminary understand the positioning of the labour law in the new constitutional system, and this in particular as a result of the privatization of the Civil Service. Once these knotty interpretative problems are solved, it will be necessay to analyze the normative aspects, regarding the topic of the allocation of competences to State and Regions, which are peculiar for the public employment. First of all, the newly approved privatization of the Civil Service has involved a change of the system of the sources. Second, the article n. 117 of the Italian Constitution, at letter g), assigns to the exclusive legislation of the State the single matter of “regulating and organizing the State and the national public agencies”, leaving out the same matter with regard to the Regions and to the other public agencies. Finally, a further aspect that has to be taken into account is the attitude of the regional legislator with respect to the new competences that are recognized by the constitutional reform.