LA “LEGITIMATIO AD CAUSAM”

The CNEL was therefore created in an attempt to strengthen social consensus and channel it through an institutional procedure during the decade after the end of the war and in a context in which the social partners and institutions in the Italian Republic were developing and growing. This is similar to the situation seen in many emerging

countries today, in which the institution of Economic and Social Councils is playing an increasingly important role.

During the first years of activity (1958-1961), in an environment of significant change, the CNEL was able to play an active role in the Government’s process of drafting laws and taking political decisions. The Government consulted it frequently on relevant matters. During the 1960s, with the first centre-left governments, the CNEL was called upon to evaluate and apply the new policies that were being drawn up for economic and social planning.

In following years, the institutions of the Republic became consolidated and the first main phase of economic growth in Italy reached its peak. As a result, the social part- ners became more autonomous, especially those representing employed workers. The latter were able to gain opportunities and dynamics for direct dialogue with the Gov- ernment. These processes helped to change the role of the CNEL.

Apart from objective difficulties in its relations with the Government and the Parlia- ment, the CNEL has been able to play an important role, turning into a cultural and so- cio-political landmark, becoming involved in, analysing and anticipating the great changes in Italian society. The focus on the medium and long term was supported by the commitment and conviction of the social partners, which understood that the CNEL had plenty of room for movement regarding the analysis of different working hypoth- eses. This commitment of the CNEL was also positively acknowledged by the political institutions, which tend to focus more on achieving a consensus in the short term. A rapid review of its first thirty years of operation shows that the Council initially served to interpret the great changes in the agricultural economy, from the abolition of share- cropping to agricultural reform, the affirmation of property directly farmed by the farmer, the definition of the Common Agricultural Policy and the transformation of the farming sector into agri-industry.

The CNEL has been a landmark in matters relating to emigration by Italian workers and, over the last 15 years, immigration by foreign workers into Italy.

It has analysed, constantly and in depth, matters relating to European integration, drawing up a set of periodic reports. It has provided important and innovative reflec- tion on matters such as the educational system, guidance, training and the labour market. It has carried out a detailed analysis of health care reform and has collaborated directly in the implementation of the Reform Law, monitoring its effects.

The reform of 1986 also stressed the institutional service function of the CNEL, where- by it maintains archives on national collective agreements in the various sectors and

second-tier negotiation (complementary negotiation within enterprises), data bases with markers on labour and economic life and observatories on phenomena in differ- ent sectors.

By means of these tools, the CNEL has acquired an important role regarding matters such as local development, the Italian Mezzogiorno region and the dichotomy be- tween the north and south of the country, and has performed a detailed analysis of competitive factors in the “Italy system”.

The Council has also been an active observer and has assimilated new methods of repre- sentation, from associations and voluntary groups to new professions and changes in the traditional representations. It has assisted in the action taken by the social partners at local level relating to territorial development, and has become the key point of refer- ence for expression by new associations that represent a variety of interests. In particular, between 1994 and 2000, the CNEL increased its capacity for accepting and performing new active functions to provide specific support to social dialogue and to convert dia- logue into political decisions on economic and social development.

In order to promote development and growth in many local or marginal areas, or loca- tions in difficulties, the idea arose that active participation was needed from the social partners, labour and business, governments and local banks, universities and other institutions operating in the different territories. This led to “territorial pacts”, agree- ments that identified, on the basis of agreement among the main local agents, the main objectives to promote local development, employment and innovation.

Over 100 territorial pacts were defined with the technical assistance of the CNEL and signed officially in the headquarters of the Council by those involved in each local market. At the proposal of the Government, in 1997 the Parliament approved a new law recognising these processes of participation and responsibility for local social partners to achieve development of local communities, and the territorial pacts thus became new instruments for promoting development and growth.

Also in the 1990s, with the aim of stimulating national growth and development, the Government set up an intense, significant campaign to reach agreements with social partners at national level. In 1992, 1993 and 1998, the various Governments promoted and signed national agreements with all the social partners on wage and employment policies, based on collective agreement, labour policies and support from the produc- tion system. These agreements defined tripartite commitments (government, workers’ representatives and business representatives) and led to a long period of consensus- based policies that had a number of very important effects for economic and social life: increased and improved distribution of wages, reduced inflation, increased busi- ness productivity and profit and fewer social conflicts. At the end of the 1990s, in 1998- 1999, the Government appointed the CNEL to be the institution in charge of checking

the real effects of the consensus-based agreements. Some bilateral debate sessions were held at the CNEL to monitor their effects and take the necessary actions.

During the same period, other important initiatives arose in which the CNEL became involved. Firstly, special attention started to be paid to the new immigrant workers that were arriving in Italy from many Mediterranean countries as well as from Africa, Asia and Latin America. A specific body was created within the CNEL, which still exists, comprising social partners, associations of immigrant workers, representatives of re- gional and local authorities and representatives of the relevant ministries to monitor and measure the processes and problems of gradual integration by immigrant work- ers into the different parts of the country.

Moreover, in the light of the growth of organised crime and its very dangerous ef- fects on the national economy, the Council promoted the creation of an important socio-economic Observatory on organised crime. This body has carried out impor- tant debates and analysis on the latest phenomena to appear in Italy, with partici- pation by the production sectors at national and regional level, providing them with the support needed to fight against infiltration among their members by en- trepreneurs from the world of organised crime and to defend enterprises (espe- cially small and medium enterprises) that are often subject to pressure from crimi- nal organisations.

From 2000 to 2005, in line with its institutional role, the CNEL performed an essential service by creating new data bases on, among other topics, the State budget, the la- bour market, wages, working hours and labour costs, immigration and infrastructure. In 2005 a new law gave the CNEL the task of involving the social partners in the process of drafting Community legislation. In six-monthly debate sessions and in working groups, the national social partners were able to participate significantly in the shap- ing of European aspects which were becoming increasingly important. This new law formally extended the experience that the CNEL had begun independently in 1999 in this area, and this strengthened the Council’s institutional functions.

These activities also took place thanks to an agreement between the CNEL, the Minis- try of Foreign Affairs and the Ministry for Community Policies.

Over subsequent years, the CNEL provided institutional advisory services for the Gov- ernment and Parliament. For example, the President of the CNEL informed the Presi- dent of the Republic about the document on the reform of the State budget approved by the Council Assembly. Also, in October 2006, a proposal was made to the Presidents of the Senate and the Chamber of Representatives for the joint preparation of a “Na- tional report on labour changes”. This initiative aimed to analyse, explain and summa- rise changes in the world of labour in Italy over the previous 60 years so that people could better understand medium and long-term changes.

In its role as a link and forum for social participation, the institutional functions of the CNEL have gradually increased. In particular, Law 15/2009 provided that the CNEL should take on a more specific, direct commitment on the matter of Public Administra- tion reform, a matter of key importance for the country. The CNEL was therefore re- quired to draw up an annual report for the Parliament and Government on the stand- ards and quality of the services provided by the central and local public administrations to businesses and citizens. It was also to draw up an annual report on the state of col- lective bargaining in Public Administrations regarding the needs of economic and so- cial life. In addition, it was entrusted with the organisation of an annual conference on the activities carried out by the Public Administrations, with participation by repre- sentatives from different economic and social sectors, consumers’ associations, quali- fied specialists and the media, with a view to setting up a debate on the state of the services provided by the Public Administration and any new problems arising.

Later, Law 234 of 24 December 2012 was to consolidate the participation of social part- ners and of production sectors in decisions on the legal acts of the European Union, with the CNEL participating in the bottom-up and top-down phases of European projects and acts on matters of economic and social interest (the CNEL may submit any opinions and contributions it considers appropriate to the Chamber and to the Gov- ernment).