On the illegitimacy of the criterion of territorial roots for access to public housing: From conditionality to the universality of social rights?
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Abstract
Decision 44/2020 of the Constitutional Court represents a turning point in the jurisprudence on public housing. The paper highlights two aspects: on the one hand, the confirmation of the driving force of the principle of reasonableness with respect to the objectives of the welfare state; on the other, open questions connected both to the nature of the right to housing and to the presence in the legal system of national and European rules still contemplating the territorial roots as a relevant criterion for access to public housing.
Keywords
- Constitutional Court
- Regional law
- extended residence
- public housing
- substantial equality
- principle of reasonableness
- social rights
