1 THE...TRADE UNION IN SEARCH OF "LOST FATHER" Premise The long and deep crisis of western economies of the last years mokes ??question the present role that the trade unions regarding the initiatives taken to promote collective actions in the contest of the European Union. The trade unions have been able of confronting the offensive of capitalism to deal with the current crisis. The constitutional role of the trade union, of democratic countries, has been put to a difficult test about the remarkable change in the relationship between labor and capital, with the risulting states and, therefore, «relegated to the role of partner in the dialogue in an environment dictated unilaterally by employers» 1 . The violation of mutually arrived at contracts and sectorial agreement reached in the structure of the so called "social dialogue", represent the point of departure to analyse the phenomenon of advances and decline of the trade union 2 . Evidently, the social dialogue has been often interpretated in a manner altogether formal by governments a completely neglected national and european businesses. On contrast of the social "internal" dialogue of the single member states – that has had a discontinuous and internitttent evolution 3 – the "european" social dialogue has in any case developed from top to bottom in a consistant manner. And, in fact, the need (or better the effort) to safeguard at the european level forms of social dialogue is above all affirmed in the unifying european act of 1986 4 . Furthermore, the Maastricht treaty of 1992 has extended the powers of the european union in terms of social policies aimed at promoting employment as well as the improvement of living conditions and work and of the appropriate social protection up to the raising of the level of employment 5 . However, the principle of the free movement of workers expreassly expected (required) by the Maastricht treaty, is manipulated by businesses for the purpose of practicing social dumping and undermining the labor conditions and the rights acquired (obtained) among the different european countries. Only with the Amsterdarm treaty of 1997 the consultations of the social partners has acquired its obbligatory character 6 . 1 http://www.filtcgil.it/documenti/int_etf_congress_progr2013-2017.htm 2 M. BELLOCCI, P. PASSAGLIA, La tutela dei soggetti deboli come esplicazione dell'istanza solidaristica nella giurisprudenza costituzionale, in Forum Quad. Costituz., n. II/2012, pag. 60. 3 SCIARRA S., Manuale di diritto sociale europeo, Torino, 2010. 4 Art. 118b provides that the Commission «shall endeavor to develop a European-level dialogue between the social partners , which could, if they consider appropriate, in relations based on agreement». 5 Art. 2 of the Treaty provides that the Community has the task of «promoting, by establishing a common market and an economic and monetary union and by implementing policies and actions referred to in Articles 3 and 3A, one harmonious and balanced development of economic activities throughout the Community, sustainable and non-inflationary respecting the environment, a high degree of convergence of economic performance, a high level of employment and social protection, improving the living standards and quality of life, economic and social cohesion and solidarity among Member States». 6 Referred to artt.154-155 (ex artt. 138-139 TEC). The first states that the Commission has the task of «promoting the consultation of the social partners at Union level and shall take any measure to facilitate their dialogue by ensuring balanced support for the part. A this end the Commission , before submitting proposals in social policy, consult the social partners on the possible direction of Union action . If , after