Discrezionalità, sostenibilità, responsabilità nella giurisprudenza costituzionale sui diritti sociali

A survey of recent rulings by the Italian Constitutional Court on social rights,\r\nparticularly regarding their coexistence with budget constraints, allows to formulate\r\nthree general remarks: this case law is still centered around the notion of legislative\r\ndiscretion; consequently, not even in a difficult time of crisis has the Court adopted\r\na rigid doctrine of financial rigor, nor have social rights ever been fully subordinated\r\nto budgetary discipline, as some feared; nevertheless, it is possible to detect the symptoms\r\nof a more intense and realistic attention of the Court for the economic dimension\r\nof policy choices, as well as their judicial review, whose outcome has been occasionally\r\nvery critical towards ill-pondered austerity measures. The Court’s case law\r\nemphasizes both political discretion