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Diritti sociali e crisi del costituzionalismo europeo [Social rights and the crisis of European constitutionalism]. WP C.S.D.L.E. “Massimo D’Antona”.INT – 95/2012

Barbera, Marzia (2012) Diritti sociali e crisi del costituzionalismo europeo [Social rights and the crisis of European constitutionalism]. WP C.S.D.L.E. “Massimo D’Antona”.INT – 95/2012. [Working Paper]

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    Abstract

    In the face of what looks like a real impasse of the the line of European constitutionalism, partly due to an orientation of the Court of Justice which tends to favor the protection of economic freedoms over the protection of social rights, two opposing trends occurr. The first amounts to a new "constitutional patriotism"; the second entrusts the protection of fundamental social rights no longer to a single Chart or to a single court but to a multi-level system of protection. A dialogue between the European courts that truly valorizes fundamental rights, however, might be hindered by what someone has seen as a resurgence of the dualist theories, evident in an ECJ’s decision as Kadi.

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    Item Type: Working Paper
    Uncontrolled Keywords: keyword(s): working papers; labour law; EU Charter of Fundamental Rights; fundamental rights; rights of the individual; jurisprudence.
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    EU policies and themes > Policies & related activities > social policy > general
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > University of Catania > Department of Law, C.S.D.L.E. "Massimo D'Antona" Working Papers .INT
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: Italian
    Date Deposited: 06 Sep 2013 15:47
    Number of Pages: 14
    Last Modified: 06 Sep 2013 15:47
    URI: http://aei.pitt.edu/id/eprint/43379

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