essential levels of benefits and administrative judge

Abstract

The essay investigates the relationship between the administrative judge and the “essential levels of benefits”, pointing out the need to look beyond the formal and structural profile (represented by the provision of the utility), and to move to the substantial one (represented by the protection of the rights and the capacity of “essential level of benefits” to operate in order to enable and increase the effectiveness of the rights).

The relevant case-law is structured on several levels corresponding to those of the decision-making chain along which the determining and application process of the “essential level of benefits” takes place. This study – in particular focused on the social sector – reveals an inability of “essential levels of benefits” the to ensure certain satisfaction to the enforced rights. The solutions provided by the administrative judge nevertheless appear important from the perspective of jurisdictional effectiveness, moving within a framework of a review that allows full protection – both with regard to cognitive and decision-making powers – to the rights enforced.