The so called “Rito Fornero” (the new proceeding provided for by Law 92/2012) ends up before the Constitutional Court. The IX section of the Court of Milan stated as significant the lawfulness issue regarding the lack of an abstinence obligation for the judge who has to decide on the challenge, after having already judged the summary stage of the trial on the lawfulness of the dismissal. In the case at issue, the first stage, the summary one, ended with a judgment which ascertained the lawfulness of the termination of the company. The employee challenged the decision and filed also an abstinence request of the judge who had to state. In fact, the judge was the same one who decided the first stage. The decree of yesterday, considering significant the issue, started from the assumption that the legislator choice of not providing for a different judge in the different trial stages was an aware choice.
