The essay aims at exploring the multilevel protection of social rights. Starting with the analysis of European Court of Human Rights case law, the Author develops a study on methods of judicial argumentation as well as on models of scrutiny attached to social claims. The analysis is carried out with the use of three key-factors: a) the structure of the social claim; b) the kind of scrutiny attached to the violation of such a claim; c) the level of justiciability of resource allocation decisions. The Author argues that both Constitutional and supranational Courts should be involved in the protection of social rights and ultimately both Courts can share a “minimum standard of scrutiny” over social rights claims.
La garanzia dei diritti sociali tra "autosufficienza nazionale" e tutela sovranazionale
ROMEO, GRAZIELLA
2013
Abstract
The essay aims at exploring the multilevel protection of social rights. Starting with the analysis of European Court of Human Rights case law, the Author develops a study on methods of judicial argumentation as well as on models of scrutiny attached to social claims. The analysis is carried out with the use of three key-factors: a) the structure of the social claim; b) the kind of scrutiny attached to the violation of such a claim; c) the level of justiciability of resource allocation decisions. The Author argues that both Constitutional and supranational Courts should be involved in the protection of social rights and ultimately both Courts can share a “minimum standard of scrutiny” over social rights claims.
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