Les services d’assistance sociale et leurs problèmes actuels dans le droit constitutionnel italien

The right to life and to full of dignity ruled in the Italian Constitution, in the European Social Charter and in the Charter of Fundamental Rights of the EU involve the right of assistance when someone is in need during his/her existence. In the Italian legal system, when needs grow and funds are in short supply, this right cannot be assured neither by the State, nor by the Regions and by Local Government, nor by not-for-profit bodies: 1) fiscal reduction and money aid are insufficient to guarantee minimum levels of subsistence, in order to fight destitution; 2) the essential levels for social assistance services, which must be guaranteed in the whole Nation even through statal funds, are ruled by a too vague and very bland application of statal statutes. These issues are caused by financial effects or by difficulties in identifying standard costs and requirements for social services; the latter consisting in human relations services, which duration and contents are not so easy to calculate. This is why, for similar needs, Regions and Local Government often supply different services; 3) the needs of foreign people are covered by social assistance services only in favour to the residence right’s holders after three months, ensuing the entry (for the EU citizens), or to long residence titles holders. In 2016 a new regulation shall be garantee a uniform State financement for the region’s and municipality budgets to the social care.