Abstracts
| Páginas | 257-259 |
257
THE RHETORIC OF FUNDAMENTAL RIGHTS WITHOUT ECONOMIC DEMOCRACY IN THE
EUROPEAN UNION. Silvia Borelli.
Abstract: The contribution aims to show how, within the European Union, the
protection of fundamental rights is no longer necessarily linked to the promo-
tion of different forms of democracy. In particular, the essay illustrates how,
despite the recognition of trade union rights as fundamental rights and the
recent attempts by the European institutions to broaden the scope of these
rights, democracy at work within the Union is still bounded by the three prin-
ciples on which the Treaties are based: free movement, free competition and
monetary stability.
In the second part of the contribution, another aspect of the disconnect between
the protection of fundamental rights and the democracy at work is examined:
the fact that the protection of these rights disregards democracy at work. The
reasons why the debate on the proposal for a directive on corporate sustain-
ability due diligence has largely ignored trade union rights and forced the social
partners to deal with an instrument –due diligence– that is used by companies
to manage –usually, unilaterally– the risks generated by their productive activ-
ity, are here clarified.
Keywords: democracy at work; trade union rights; due diligence; European
Union.
DISEASE DISCRIMINATION IN DISMISSAL. Jaime Cabeza Pereiro.
Abstract: Law 15/2022, of July 12, has included disease among the prohibited
reasons for discrimination. The repercussion of this inclusion in the field of
dismissal is a matter of current discussion that is quite controversial. Tradition-
ally, it had been accepted that the dismissal of a person during their temporary
inability to work was not void, but unfair, since there was no discrimination in
the company’s decision. Indeed, the case-law understood that, if it was not a
disability or an illness that stigmatized the worker, there was only a functional
cause in the dismissal, based on the lack of economic utility of the contract. In
this context, the entry into force of the aforementioned law raises the question
as to whether this jurisprudence should be deemed as overcome and whether
the dismissal should be considered void due to illness. The article takes a posi-
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