Labour law and the legislature of the economic crisis. Technical legislative law and social policy

The economic crisis has always been part of the intra Labour Law History, because this is a law for distribution that also affects to the production (right of production and its organization). After successive labour reforms, it is configured as a "scatter" Labour Law where emergency, "omnibus", etc. laws and also practices of selective deregulation have proliferated, affecting the "re-mercantilization" of fundamental social rights. In the Constitutional State, this evolution raises problems of technical and legal policy of Social Law. The consequences are the loss of unity and coherence in the policy (especially from the perspective of social justice), the technical fragmentation of social and legal laws (with the loss of value in both formal and substantial sense), and legal uncertainty. A sort of strong public interventionism emerges and it is imposed in spaces of collective autonomy as it would be a "not inconsistent State Law" which is more unilateral in its ends (preferably faced to the satisfaction of business interests, under the claim of magical formulas, and largely elusive measure of enforcing productivity, performance and competitiveness; in short, there is a preferential protection of the principle of business performance). By contrast, in the constitutionalism of the Social State, Labour Law has always been a contradictory Law, of social commitment and political pact, and has always tried to reconcile the principles of economic performance and protection of the working classes (forming part of the Political Pact, whose origin is at the rule of Law).