La prima pronuncia della Corte di Cassazione sull’art. 2, co.1, d. lgs. n. 81/2015: una sentenza interlocutoria

The essay comments on the most significant passages contained in the judgment of the Court of Cassation regarding the nature of art. 2, co.1, legislative decree n. 81/2015 as an anti-circumvention and remedial rule. A critique of this reconstructive option of the Court is developed. Instead, a thesis is supported for which art. 2, co1. describes a typical rule. The concept of hetero-organization is also commented, and a possible interpretation of art. 2, co1, in a selective sense, taking as its starting point the Court's statement that ontologically incompatible disciplines can be identified with the case in question.