Risorse e diritti: qualche spunto per tornare a parlare di effettività dei diritti sociali

The work examines the area of control of lawmaker’s discretional choices in balancing protection of social rights against limited availability of resources. A basis for the analysis is found in the Constitutional Court ruling on Cappato Antoniani case (207/2018 and 242/2019) which includes two consecutive decisions: the former a request of information with warning; the latter a decision with the typical consequences of constitutional decision, which includes the declaration of “non constitutional” for the law. The Author examines weather and to what extent this new model of expression can help to solve the known problems of collaboration between the Constitutional Court and the lawmakers, which is fundamental to ensure the protection of social rights when confronted with the need to find financial resources to avoid non constitutionality of a law. In the conclusion social rights are acknowledged to promote the fully expression of individuals, and they are to be considered an inalienable rights not as a consumption options.