Unlimited repêchage, between extension to temporary positions and application of reinstatement

Carlo Pisani
Full Professor
University of Rome “Tor Vergata”

in Norme & Tributi Plus Diritto, Il Sole 24 Ore
Commentary of 26 February 2025

With its recent rulings, the Court of Cassation redraws the boundaries of the Institute, even in contrast with the ruling of the Constitutional Court.

For workers hired before 7 March 2015, the (case-law-based) rule of repêchage now appears completely out of control, as a consequence of the synergistic effect of the orientations of the Court of Cassation which, on the one hand, enormously broaden its scope—going so far as to include fixed-term hires, moreover within a lower legal category—and, on the other hand, disregard the authority of the framework provided by Constitutional Court judgment no. 128/24 regarding the exclusion of reinstatement.