l bilanciamento tra le libertà economiche e i diritti sociali collettivi operato dalla Corte di Giustizia è un contemperamento tra diritti equiordinati?* = The balance between economic freedoms and collective social rights and actions; Court of Justice is a choice between rights equiordinati? Actions by the Court of Justice. WP C.S.D.L.E. “Massimo D’Antona”.INT – 98/2012

In the Viking and Laval judgments and more recently in the Comm. v. Germany ruling, the Court of Justice applied the proportionality test to collective rights, setting a series of restrictions to the exercise of the right to strike and the right to collective bargaining. The way the ECJ balances the economic freedoms and the social rights is indeed very different from that of the Italian Constitutional Court. Unlike the European Union Treaties, the Italian Constitution recognizes an important role to the right to take collective action which has to be connected with article 3, paragraph 2, consequently the right of strike is more protected than the exercise of economic freedoms.

The Cultural Construction of Political Action: The Case of the European Community's Single Market Program. CES Germany & Europe Working Papers, No. 04.3, December 1993

Explaining the emergence of the European Community's Single Market Program requires making sense of how that institutional project carne onto the political agenda. I suggest that there are two features of the political process that have been not well understood. First, large-scale institutional projects usually require political opportunities to come to fruition. Second, they require strategic actors who can frame such projects in broad ways in order to attract a wide variety of groups. My basic argument is that the European Commission is an organization whose function is primarily to solve the bargaining game that characterizes interaction within the Community and act as a strategic actor. This does not suggest that they are always successful or are the only source of ideas, but instead that they are the collective actor responsible for trying to frame collective interests in new cultural ways. To illustrate this point, I document how the; Single Market program evolved within the Commission and how other important Community actors carne to sign on to its goals over time.