L'affievolimento dei diritti nella crisi economica e politica dell'Unione europea

The weakening of the rights in the EU’s economic and political crisis. Over the last years the Eurozone Member States have known a deep economic and financial crisis. National governments have taken the lead in the crisis management but the intergovernmental method has failed. The austerity measures introduced in response to the crisis through the European Stability Mechanism (EMS) have significantly impacted on the protection of economic and social rights at national level. Nevertheless the Court of Justice held that EMS is not subject to the EU Charter of fundamental rights and the European Court of Human Rights has taken a stance in favor of the compatibility of a range of social crisis measures with the European Convention. By contrast, domestic constitutional courts have so far demonstrated an ambivalent attitude towards the cutback of welfare rights with the exception of the Portuguese Constitutional Tribunal which has reaffirmed the guarantee of the essential core of fundamental rights against austerity policies. The need to maintain the economic stability of the Member States has also justified restrictions to the freedom of movement and connected social assistance for migrant European citizens economically inactive. All that can turn out to be an existential threat for the EU as such. Against this background Member States must take again the initiative. Next treaty revision should bring into the Treaties the intergovernmental stability mechanisms, ensuring democratic decision-making process, and create a European fiscal capacity in order to reduce both democratic and social deficit.