The Effectiveness of Social Rights in the EU. Social Inclusion and European Governance

A Constitutional and Methodological Perspective


Nadia Maccabiani


Released with the Creative Commons License Attribution-NonCommercial-NoDerivatives 3.0 Italia (CC BY-NC-ND 3.0 IT) in the peer reviewed series Studi di diritto pubblico

Increasing inequalities, social exclusion and poverty within the EU (although at a different scale between States) prove that the effectiveness of social rights falls behind their formal entitlements and their judicial enforceability. Beyond the classical way followed by legal studies in dealing with the issue, the focus would shift to experimental ways better able to cope with the current multifaceted implications of social exclusion, poverty and inequalities for the purpose of effective and improved social inclusion. Indeed, legacies stemming from developments at the European level (recent and less recent) are relevant not only for policy-makers and social scientists but for legal scholars too.
These latter are expected to pick up and underline the main aspects of constitutional relevance implied in the process and steer it towards being constitutionally consistent. Against this background, our claim for an interdisciplinary dialogue with social sciences focuses on the constitutional implications underlying the use of social indicators within the European governance framework.


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Author Biography

Nadia Maccabiani

She is Tenure Researcher in Public Law at the University of Brescia, Department of Economics and Management. She granted the position of visiting scholars at the Institute of European Study (Free University of Brussels (ULB) and University of Saint Louis – Brussels) during the Academic Years 2014/2015 and 2016/2017. She is author of publications in the field of public law with specific focus on legal sources, the Italian regional system, the Italian President of the Republic, the European economic governance, including two monographs: La legge delegata – vincoli costituzionali e discrezionalità del Governo (Giuffré 2005) and Condeterminare senza controllare. La via futura delle assemblee elettive regionali (Giuffré 2010).


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March 20, 2018

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