Spunti sulla tutela dei diritti sociali innanzi al giudice amministrativo

Translated title of the contribution: [Autom. eng. transl.] Ideas on the protection of social rights before the administrative judge

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] In the first part of the work the actuality of the theory of “incompressible rights”, developed by the jurisprudence of the Supreme Court towards the end of the Seventies, based on which the protection of fundamental rights, constitutionally protected, is up to the knowledge of the judge ordinary. Some rulings of the Constitutional Court, but also of the Court of Cassation and the Council of State, have initiated a gradual overcoming of this theory, which is sometimes proposed again by the jurisprudence, with particular reference to the protection of the right to health. The second part of the work was aimed at assessing whether the administrative judge, once invested with the knowledge of disputes concerning also fundamental rights - such as some social rights whose satisfaction requires the provision of a public administration - is really able to prepare a protection of these rights to the same degree as that provided by the civil court. From this point of view, the attention was focused above all on the changes introduced by the code of the administrative process and by the jurisprudence relative to the plurality of actions available and to the types of judgments usable by the administrative judge.
Translated title of the contribution[Autom. eng. transl.] Ideas on the protection of social rights before the administrative judge
Original languageItalian
Title of host publicationI diritti sociali dal riconoscimento alla garanzia. Il ruolo della giurisprudenza
EditorsElisa Cavasino, Giovanni Scala, Giuseppe Verde
Pages425-440
Number of pages16
Publication statusPublished - 2013

Publication series

NameQuaderni del Gruppo di Pisa - Convegni

Keywords

  • azione
  • diritti sociali
  • giudice amministrativo
  • tutela

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