Contributo allo studio dei poteri istruttori d'ufficio del giudice del lavoro nelle controversie di primo grado

The author, moving from the complex history of the rules on the labor process and art. 421 c.p.c. in particular, examines the interpretative range of the labor judge’s power to admit ex officio “any evidence, even outside the limits established by the civil code”. He highlights how doctrine and jurisprudence have tried to balance the need to search for material truth with the principle of impartiality of the judge. The following topics are examined: the attenuation of the principle of the burden of proof as a rule of judgment, the need for a principle of proof, atypical evidences, the non-discretionary nature of the use of official powers, the obligation to state reasons, the limit of the facts alleged and their controversial nature, the non-derogation of the procedural rules and the rules that introduce limits of a non-evidentiary nature.