Abstract: Benedetta Barbisan The basic idea is to connect two phenomena characterising some constitutional contexts but not always put in strict relation: on one side, the mechanisms devised by several courts according to which they can address structural problems via individual petitions, guiding (or even deputising) the action of other branches to correct those distortions and, on the other, the crisis of representation that seems to make legislators and executives inadequate for providing the justice to which citizens aspire. The pilot judgment procedure enforced by the European Court of Human Right is a rather telling example of a practice by which structural criticalities are tackled while responding to an individual petition. In this vein, the crucial question is whether the growing shift of trust from the classic representative form of democracy to technocracy may trigger only ephemeral changes or if it is destined to lead to actual constitutional metamorphoses: are courts destined to look like medieval parliaments' PubDate: Tue, 15 Jul 2019 8:00:00 GMT
Abstract: Silvio Gambino The text intends to present the main themes of the conference "Constitution, guaranteed minimum income, European pillar of social rights" (Cosenza, 8 to 9 April 2019), having re-gard to both internal and EU law profiles. To this end, it is first mentioned the framework of constitutional principles supporting the right to work, substantive equality and the "free and dignified existence" of which the guaranteed minimum income constitutes an implementing legislative measure, by specifically recalling Mortati thesis on this measure as a possible "compensation for failed work". Further considerations are then made on the subject of so-cial rights at the Union level, underlining their asymmetries with respect to national constitu-tional fundamental principles and rights. PubDate: Tue, 15 Jul 2019 8:00:00 GMT
Abstract: Giorgio Fontana This contribution concerns the question of "citizenship income", introduced in Italy only a few months ago. However, the author inserts his comment in a wider discourse. In the essay, the labour law crisis is linked to the rise and fall of the doctrine of economic liberalism, trying to identify their points of contact. The fall of liberalism and the birth of new paradigms, such as protectionism and sovereignism, represent therefore the origin of possible changes also in the function of labour law. Citizenship income can be considered as the start of a new phase. However, the author considers these tendencies very ambiguous and not without shadows. PubDate: Tue, 15 Jul 2019 8:00:00 GMT
Abstract: Alessandro Nato The European Social Pillar has relaunched the debate on the creation of measures aimed at improving the social dimension of the European Union. In addition, the crisis context demonstrates how necessary the intervention of the Union is to contribute to the modulation of guaranteed minimum income schemes on the one hand, with binding legislative actions - such as a directive on minimum incomes addressed to integration of people excluded from the labor market. On the other, it is necessary to promote supranational minimum income schemes to facilitate the use of free movement of European citizens. However, some problems inhibit the adoption of a directive on the subject and the realization of a minimum European income for migrant citizens who do not work when they exercise the right to free movement. PubDate: Tue, 15 Jul 2019 8:00:00 GMT
Abstract: Claudio Di Maio The current public policies aimed at ensuring a proper existence for all people who lack the necessary resources collide with the different legislations and political guidelines that are pursued within the Member States of the European Union. This paper offers a starting point for the debate on basic income/guaranteed minimum income, considering the possible pathways for classifying and comparing several legal experiences in the European framework. PubDate: Tue, 15 Jul 2019 8:00:00 GMT
Abstract: Alessandro Mazzitelli The current public policies aimed at ensuring a proper existence for all people who lack the necessary resources collide with the different legislations and political guidelines that are pursued within the Member States of the European Union. This paper offers a starting point for the debate on basic income/guaranteed minimum income, considering the possible pathways for classifying and comparing several legal experiences in the European framework. PubDate: Tue, 15 Jul 2019 8:00:00 GMT
Abstract: Ugo Adamo The present paper offers a critique reading of the Italian law no. 26/2019 introducing the ‘Citizenship Income’. After a brief description of the measure, attributable to those which are included both in the right of assistance and in the right and duty to work, the focus is put on three problematic aspects: indirect discriminations against non-citizens; penal sanctions on the matter, deemed unreasonable in light of a tertium comparationis; the indirect sanctions of paternalistic matrix that stigmatize the poor as such. In the background, the risk that the ‘new’ welfare turns into a workfare. PubDate: Tue, 15 Jul 2019 8:00:00 GMT
Abstract: Tiziana Salvino The article focuses on the constitutional principles of basic income, calling attention, in particular, on the principle of substantive equality and the principle of the right-duty to work, both of which stated as are fundamental ones from the Italian Constitution, ending with some conclusive reflections. PubDate: Tue, 15 Jul 2019 8:00:00 GMT
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