Il finanziamento dei livelli essenziali delle prestazioni

The determination of the essential levels of the services, provided under article 117 Const., co. 2, lett. m) and the full implementation of the art.119 Const., are the two points of reference for our doctoral thesis, which, although introduced by a reform - that concerning the title V of the Constitution - which dates back more than a decade ago, have not yet been able to deploy the desired effects. The matter that makes today critical and problematic the application of the two rules is twofold: the cost of services deeply diversified in the various Regions and that of the inefficiency of some areas; issue that could find a solution both with the passage from the criterion of historic expenditure to the standard cost, and with the transit to a system of guaranteed funding for only the essential levels of services. The research reconstructs the development and recognition of social rights which took place during the time thanks to the work of the legislator and to the intervention of the Constitutional Court; and it also reconstructs the need, appeared in the legal order , to ensure more stringent budgetary constraints, which was translated into constitutional reform of the art.81. Facing this scenery, the analysis is directed to the actions that should be taken in order to ensure the financing of social benefits more effectively and more efficiently: on the one hand, the rationalization of public spending; and, on the other hand, the identification of a basket of social rights, tied up to the concept of need and to be guaranteed regardless of the resources, distinguishing them from other rights defined simple, financially conditioned, which could be satisfied by the cost-sharing of the user.