Madia D'Onghia

Welfare and economic constraints in the most recent constitutional case law

  • Abstract

Informations and abstract

Keywords: Welfare; Constitutional Case Law; Austerity Policies; Guarantee of Social Rights.

The essay examines some recent judgments of the Constitutional Court on welfare issues that reveal the tension between rights and the economy, between economic sustainability and social sustainability of legislative choices. Judgments on social security are analyzed, concerning the decision whether the sacrifices imposed by the legislator on certain categories of beneficiaries of social benefits, in times of crisis, comply with the Constitution. The author emphasizes how the effectiveness of social rights is increasingly entrusted to the role of the Constitutional Court and criticizes a legislator who is too worried about supporting the reasons for the economy; this risks penalizing the positive and promotional dimension of fundamental rights by public authorities.

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