Discrezionalità, sostenibilità, responsabilità nella giurisprudenza costituzionale sui diritti sociali
- Autores: Michele Massa
- Localización: Quaderni costituzionali, ISSN 0392-6664, Nº 1, 2017, págs. 73-93
- Idioma: italiano
- Títulos paralelos:
- Discretion, Sustainability, Responsibility in the Constitutional Case Law on Social Rights
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Resumen
A survey of recent rulings by the Italian Constitutional Court on social rights, particularly regarding their coexistence with budget constraints, allows to formulate three general remarks: this case law is still centered around the notion of legislative discretion; consequently, not even in a difficult time of crisis has the Court adopted a rigid doctrine of financial rigor, nor have social rights ever been fully subordinated to budgetary discipline, as some feared; nevertheless, it is possible to detect the symptoms of a more intense and realistic attention of the Court for the economic dimension of policy choices, as well as their judicial review, whose outcome has been occasionally very critical towards ill-pondered austerity measures. The Court's case law emphasizes both political discretion and responsibility in ensuring that social rights are both effective and sustainable.
