The implementation of social rights within the European systems of human rights protection: an analysis between justiciability and budget constraints

• Grant number: 19/12091-7
• Support type: Scholarships abroad - Research Internship - Post-doctor
• Effective date (Start): November 01, 2019
• Effective date (End): June 30, 2020
• Field of knowledge: Applied Social Sciences - Law
• Principal researcher: Luís Virgílio Afonso da Silva
• Grantee: Michele Beniamino Zezza
• Supervisor abroad: Dagron Stephanie
• Home Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil
• Research place: Université de Genève, Switzerland
• Associated to the scholarship: 17/24035-9 - Social rights and public provisions: the problem of judicial management, BP.PD

Abstract

The aim of the present project is the formulation of a research proposal focused on the problem of the justiciability of social rights within the European systems of human rights protection (the European Council and the European Union law), with special regard to their relations with the limits imposed by budget constraints. The issue belongs to the larger doctrinal debate (on which the original project was focused) concerning the suitability of constitutional courts and tribunals to interpret and apply social rights provisions. The aim is to determine whether and how the European systems of human rights protection, inspired by logics that are widely divergent from those on which the domestic constitutional systems are based, influence the content and protection of social rights, in a context in which the tendency to entitle the class of the judges to the administration of rights seems to be particularly marked, by subtracting it from the traditional democratic decision-making authorities. (AU)