The aim of this article is to attempt to describe the neoliberal twist imposed on the process of European integration as a phenomenon of constitutional degradation, since it affects the most qualifying and progressive advances of social constitutionalism: the protection of social rights as constitutional rights and substantive equality as the main purpose of government. To this end, the mismatch between European primary law and constitutions with a high social content is analyzed under three different perspectives: firstly, the technique of the protection of social rights, highlighting the difference in the origin and evolution of the two catalogues of rights; secondly, the technical rather then political nature of the decision-making; finally, the problem of sovereignty between EU and Member States.

The Neo-liberal Twist of European Integration as a Degradation of Social Constitutionalism. Counter-trends in the Management of the Pandemic

luca dell'atti
2022-01-01

Abstract

The aim of this article is to attempt to describe the neoliberal twist imposed on the process of European integration as a phenomenon of constitutional degradation, since it affects the most qualifying and progressive advances of social constitutionalism: the protection of social rights as constitutional rights and substantive equality as the main purpose of government. To this end, the mismatch between European primary law and constitutions with a high social content is analyzed under three different perspectives: firstly, the technique of the protection of social rights, highlighting the difference in the origin and evolution of the two catalogues of rights; secondly, the technical rather then political nature of the decision-making; finally, the problem of sovereignty between EU and Member States.
2022
978-88-945618-8-3
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11586/414333
 Attenzione

Attenzione! I dati visualizzati non sono stati sottoposti a validazione da parte dell'ateneo

Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact