La misurazione delle soglie di adeguatezza del salario minimo nell’ordinamento multilivello

The measuring of the adequacy thresholds of the minimum wage in the multilevel
system. The minimum wage is becoming increasingly important at the macroeconomic, social
and legal level, for this reason it is now essential to focus on the meaning of setting minimum
wages at an “adequate” level. Directive 2022/2041 identifies the measure of adequacy by
referring to some indices or parameters already known at a statistical level, but the question
posed by the A. concerns the scope of these parameters and their effective translation at the level
of the EU Member States, given the profound differences between the systems for determining
the minimum wage and industrial relations. The analysis focuses on the scope of the salary
adequacy threshold in supranational sources and on the legal effectiveness of art. 5 of the
Directive, in order to define the impact of the adequacy threshold at a national level. Particular
attention is paid to the Italian situation, where the analysis is conducted by recalling both the important doctrinal debate, recently influenced by the orientations of the Supreme Court on the
“constitutional” minimum wage, and the institutional position of the CNEL on the minimum
salary threshold and working poverty. The A. highlights the centrality of a comparative analysis
of the different mechanisms that govern the setting of the adequacy of minimum wages in order
to guide legislative choices in the direction traced by supranational sources.