Los derechos sociales de los ciudadanos de países terceros entre regionalismo y Derecho de la Unión Europea. El caso italiano

Abstract

The contribution focuses on the elements that have influenced the way in which access to social rights by third-country nationals has been limited over time in the Italian legal system. It considers, in the first place, how the 2001 and 2012 amendments of the Constitution impacted on the division of competences between the State and the Regions, and the way in which they have affected the body of norms regulating immigration and access to social rights. Secondly, attention is paid to the relevant constitutional case-law where it is affirmed that even if in regulating access to social rights a different treatment based on the legal status of individuals is allowed, it cannot be justified by arbitrary or no reasonable reasons, because otherwise they would amount to a discriminatory treatment, thus being unconstitutional.

Keywords

• social rights
• immigration
• italian legal system
• third-country nationals