PROFESSIONAL REPRESENTATION. — Alongside the notion of political representation, there has increasingly developed, over the past few decades, the considerably different concept of professional representation: in which representation is not exercised in relation to the undifferentiated national society, but rather in relation to particular and circumscribed groups of individuals, distinguished by the common exercise of the same professional activity.
In this regard, it is well known that in the Italian syndical-corporate system, established by Fascism, professional representation assumed a very significant role with respect to the single unions then recognized, which (precisely on the basis of the aforementioned legal presumption of representativeness) could conclude collective labor agreements (v.), binding on all members of the corresponding categories; and for this reason, various authors spoke, in this context, of representation of interests rather than representation of will. Today, however, since the entry into force of the Constitution of 1947, the situation in this regard has completely changed.
Article 39 of the Constitution has, in fact, introduced in Italy full freedom of trade union organization: the registration, with particular state offices, central or local, of the numerous trade union associations that derive from it, even within the same sector, has been made dependent on their “internal organization based on democratic principles” (e.g., election and social control of leaders); and it has also been established that collective labor agreements, with binding efficacy for all members of the respective categories, can be concluded solely by “registered unions, represented jointly in proportion to their membership.”
In the current Italian system, it can therefore be considered that trade union associations are characterized, in relation to their members, by a common legal representation, according to the norms contained in their respective statutes; while one can speak precisely of true and proper professional representation only with reference to the aforementioned commission, composed of the representatives of the various registered unions, which alone is legally empowered to interpret the interests of the entire corresponding category through the conclusion of the relevant binding collective agreements.
Finally, the tendency to constitute a second Chamber on a professional basis by conferring on citizens composing each single economic category the power to elect, in a special constituency, a predetermined and proportionate number of their own representatives, although strongly advocated within the Italian Constituent Assembly (especially by certain democratic currents), failed to achieve concrete results, despite the fact that this idea continues to be promoted in some circles today, particularly with a view to more radically differentiating the two legislative Chambers: contrasting the generic political representation of the Chamber of Deputies with the more technical professional representation of the Senate.
APOSTOLIC REPRESENTATIONS OF THE HOLY SEE: V. DELEGATO APOSTOLICO; LEGAZIONE, DIRITTO DI; NUNZIATURA APOSTOLICA; NUNZIO APOSTOLICO.