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Decentralisation, equality and differentiation In the protection of social rights. A glance at Italy and Spain.

Sara Cocchi*

This article seeks to explore the dynamic balance between equality and differentiation in decentralised forms of State by comparing the implementation of social rights and commitments in the Italian Stato regionale and the Spanish Estado autonómico. After providing a brief overview of the different constitutional backgrounds and the most prominent scholarly and judicial contributions to their interpretation, relevant mechanisms devised in order to prevent differentiation to become inequality are analysed. In the final paragraph, some hints for a non-conflicting approach to multiple dimensions of social citizenship are offered, suggesting a “nested” methodological pathway that may help in investigating current legal problems. Read more…

*Ph.D. in Comparative Law, University of Florence

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