The Italian law on strikes in essential services does not comply with the European Social Charter: which consequences?

The Article analyses the Decision taken by the European Committee of Social Rights on the 13 March 2025, which has declared the Italian Law No. 146/1990 on the right to strike in essential public services inconsistent with Articles 6, paragraph 4, and G of the European Social Charter. After the examination of the juridical principles and precedents on which the collective complaint and the Decision are rooted, the study assesses the impact of the Decision in the Italian legal system, with special reference to the role of the Guarantee Commission (Commissione di Garanzia dell’attuazione della legge sullo sciopero nei servizi pubblici essenziali).