ABSTRACT

This chapter investigates the interaction in a time of economic austerity between the legal protection of social welfare rights, ensured in Italy by national courts, and welfare policies enacted by the Italian institutions. It overviews the constitutional principles upon which the Italian welfare model lies, especially by discussing the meaning of the inclusion of social rights in the Constitution. The chapter elaborates on the role that the courts – especially the Constitutional Court – play for the protection of such a category of rights in Italy. It also examines how the model of devolution of powers to regional authorities affects the model of the Welfare State. The chapter also outlines the main contemporary trends of the evolution of Italian legislation about social rights, with special regard both to the impact of the financial crisis and the role of European Union (EU) law.