Social rights and European legal order: Constitutional effects of the political de-subjectivisation of the material conflicts of inequalities

Abstract

The aim of the contribution is to address the normative deconfiguration of the social rights of the Social State form by situating its causes in the legal-factual connection of the constitutional form of the market shaping the new structures of state and supranational power, with special reference to the latter. Basically, because the supranational space sanctions the new constitutional paradigm that orders political-economic relations around the centrality of the market. The result is the immateriality of social rights in the European legal order. These considerations are reinforced by the syndemic crisis of the market order in its current inflationary phase managed, once again, on the basis of a monetary and fiscal orthodoxy that accentuates the political devaluation of the conflicts of inequalities that cross social rights.