PROFESSIONAL REPRESENTATION. - Alongside the notion of political representation, the notably different notion of professional representation has been increasingly taking shape in recent decades: where representation itself is no longer exercised in relation to undifferentiated national society, but rather in relation to particular and circumscribed groups of individuals, distinguished by the common exercise of the same professional activity.
On this point, it is well known that in the Italian trade-union and corporative system, established by Fascism, professional representation assumed very considerable importance with regard to the single unions then recognized, which (precisely on the basis of the aforementioned legal presumption of representativeness) could stipulate collective labour contracts (v.), binding on all members of the corresponding categories; and thus, in this connection, various authors had spoken of representation of interests rather than representation of wills. Today, however, after the entry into force of the 1947 Constitution, the situation in this regard has turned out to be completely changed.
Article 39 of the Constitution has, in fact, introduced into Italy a full freedom of trade-union organization: the registration, with particular state offices, central or local, of the many trade-union associations arising therefrom even within a single sector, has been made subject to their having an "internal organization on a democratic basis" (e.g.: election and social control of the leaders); and it has further been established that collective labour contracts, with binding effect for all members of the respective categories, may be stipulated solely by "registered unions, represented as a unit in proportion to their members."
In the Italian legal system currently in force, it may therefore be held that trade-union associations are characterized, in relation to their own members, by a common legal representation, in accordance with the rules contained in their respective statutes; whereas one may accurately speak of a 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 placed in a position to interpret the interests of the entire corresponding category, through the stipulation of the relevant binding collective contracts.
Finally, the tendency to constitute the second Chamber on a professional basis, by conferring on the citizens who make up each individual economic category the power to elect therein, in a special electoral college, a fixed and proportionate number of their own representatives, although authoritatively supported within the Italian Constituent Assembly (especially by certain Christian Democratic currents), failed to achieve concrete results, despite the fact that even today it continues to be fostered in certain circles, particularly with the aim of differentiating the two legislative Chambers from one another more radically: opposing to the generic political representation of that of the deputies the more technical professional representation of that of the senators.
Bibliography4 works
Paolo Biscaretti di Ruffia