The Effectiveness of Social Rights in the EU.

Nadia Maccabiani

The Effectiveness of Social Rights in the EU.

Social Inclusion and European Governance. A Constitutional and Methodological Perspective

Increasing inequalities, social exclusion and poverty within the EU prove that the effectiveness of social rights falls behind their formal entitlements and their judicial enforceability. The focus would shift to experimental ways better able to cope with the current multifaceted implications of social exclusion, poverty and inequalities for the purpose of effective and improved social inclusion.

Pages: 192

ISBN: 9788891767561

Edizione:1a edizione 2018

Publisher code: 11590.1

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Increasing inequalities, social exclusion and poverty within the EU (although at a different scale between States) prove that the effectiveness of social rights falls behind their formal entitlements and their judicial enforceability. Beyond the classical way followed by legal studies in dealing with the issue, the focus would shift to experimental ways better able to cope with the current multifaceted implications of social exclusion, poverty and inequalities for the purpose of effective and improved social inclusion. Indeed, legacies stemming from developments at the European level (recent and less recent) are relevant not only for policy-makers and social scientists but for legal scholars too.
These latter are expected to pick up and underline the main aspects of constitutional relevance implied in the process and steer it towards being constitutionally consistent. Against this background, our claim for an interdisciplinary dialogue with social sciences focuses on the constitutional implications underlying the use of social indicators within the European governance framework.

Nadia Maccabiani is Tenure Researcher in Public Law at the University of Brescia, Department of Economics and Management. She granted the position of visiting scholars at the Institute of European Study (Free University of Brussels (ULB) and University of Saint Louis - Brussels) during the Academic Years 2014/2015 and 2016/2017. She is author of publications in the field of public law with specific focus on legal sources, the Italian regional system, the Italian President of the Republic, the European economic governance, including two monographs: La legge delegata - vincoli costituzionali e discrezionalità del Governo (Giuffré 2005) and Condeterminare senza controllare. La via futura delle assemblee elettive regionali (Giuffré 2010).

Foreword
Theoretical and factual premises
(Social rights: a few general features; Human dignity, equality, solidarity; The effectiveness of social rights; National social rights and European economic governance; The multidimensionality of poverty and social exclusion)
Testing transnational social inclusion
Part I. The European Court of Justice's case law
(General features; European evidence of fragmented transnational social inclusion; Right to social assistance for inactive citizens; Right to healthcare)
Part II. The Italian Constitutional Court's case law and the reasonableness scrutiny
(Italian evidence of transnational social inclusion; The reasonableness test for effective social inclusion; Striking a first assessment)
Testing national social inclusion
Part I. European Governance
(General features; New challenges for legal studies)
Part II. From Lisbon to Europe 2020
(The background; Beginning the route; The Lisbon Strategy; The Revised Lisbon Strategy; The Active Social Inclusion approach; Europe 2020)
Part III. The evolutionary path followed by social inclusion indicators
(Implications of social indicators; The Social Protection Committee (SPC); A first set of common agreed social indicators: the Laeken indicators; Deepening the Laeken indicators: the multidimensionality of poverty and social exclusion)
Embedding social inclusion within the economic governance framework
Part I. The follow-up: social inclusion for its own sake
(Political, doctrinal and technical context; The "social dimension" of the European economic governance; Beyond the mere "social dimension": changing the usual approach; More rights-driven social indicators within the European semester; Open challenges)
Part II. Some constitutional reference points
(Rights and policies; The core question; A re-boosted role for legal studies vis-à-vis the effectiveness of social rights within the economic governance framework; Substantial Democracy)
Bibliography.

Serie: Studi di diritto pubblico - Open Access

Subjects: Publications in Open Access

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