Miriam Allena

Social Housing: Subjective Legal Positions and Forms of Safeguarding between the National and European System

  • Abstract

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The article shows how the claim to obtain social housing is ever increasingly more configured, thanks to the influence of the European system, as a human right having a well-defined and unsuppressable substantive content. Consequently, today the domestic system is called on to single out effective protective instruments that allow making such individual position a matter of justice. The question is of particular importance owing to the wide involvement of private subjects at the time of implementation of building measures and later on at the time of the assignment of the social housing units. If in fact the right of action of the citizen with regard to decisions of the administration bearing on the claimed interests of the same is self-evident, much more complex is the definition of the spheres of protection with regard to decisions of general interest, but carried out by private subjects funded in whole or in part by means of public resources. The matter of "social housing" thus provides an occasion for a more general reflection on instruments for the safeguarding of the citizen with regard to administrative decisions concerning scarce assets delegated by the public sector to a private subject.

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