The essay focuses on the recent case law of the Italian Constitutional Court on social security and highlights three general assumptions which apparently underpin it: the basic concept was (as in older cases), and still is, political discretion on social security rights; budget constraints acquired greater prominence, both in EU and constitutional law, but did not alter significantly the judicial review of legislation on social security; this kind of judicial review mostly moves through interior lines within specific sectors, or decisional processes, and emphasizes methodological aspects of political choice and responsibility.
Massa, M., Previdenza, assistenza e vincoli di bilancio. Tre tesi sulla giurisprudenza costituzionale degli anni della crisi, <<LAVORO E DIRITTO>>, 2018; (1): 77-92. [doi:10.1441/88956] [http://hdl.handle.net/10807/119644]
Previdenza, assistenza e vincoli di bilancio. Tre tesi sulla giurisprudenza costituzionale degli anni della crisi
Massa, Michele
2018
Abstract
The essay focuses on the recent case law of the Italian Constitutional Court on social security and highlights three general assumptions which apparently underpin it: the basic concept was (as in older cases), and still is, political discretion on social security rights; budget constraints acquired greater prominence, both in EU and constitutional law, but did not alter significantly the judicial review of legislation on social security; this kind of judicial review mostly moves through interior lines within specific sectors, or decisional processes, and emphasizes methodological aspects of political choice and responsibility.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.