I vincoli internazionali in materia di tutela dei diritti sociali: alcuni spunti dalla giurisprudenza recente in tema di “misure di austerità”

The article deals with the impact of the so called “measures of austerity” - which States are compelled to implement in order to get access to international credit schemes - on the enjoyment of international social rights standards. In particular, by examining the relevant case law of the international treaty bodies in the field of social rights' protection, the paper focuses on the criteria that restrict the States' margin of discretion to derogate social rights in order to cope with the economic emergency. It argues that both the national constitutional courts and the European Court of Justice should play a role to guarantee the core standards of social protection by enhancing the relevant provisions of, respectively, their national constitutions and the European Charter of Fundamental Rights.