Tesi etd-09222025-175132
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Tipo di tesi
Corso di Dottorato (D.M.226/2021)
Autore
TALAVERA LODOS, SILVIA
URN
etd-09222025-175132
Titolo
The constitutional role of municipalities in the governance of social rights: a comparative study of Turin, Barcelona, and Athens
Settore scientifico disciplinare
IUS/21
Corso di studi
Istituto di Diritto, Politica e Sviluppo - Ph.D. in Human Rights and Global Politics: Legal, Philosophical and Economics Challenges
Relatori
relatore Prof. MARTINICO, GIUSEPPE
Parole chiave
- civil society
- decentralisation
- human rights
- subsidiarity
- welfare state
Data inizio appello
12/01/2026;
Disponibilità
completa
Riassunto analitico
This thesis explores the constitutional role of municipalities in the protection of fundamental social rights—education, health, and housing—through a comparative analysis of Turin, Barcelona, and Athens. It investigates how local autonomy shapes municipal capacity to guarantee universal access to these rights, positioning cities not merely as administrative agents but as constitutional actors within multilevel governance. The research develops a commitment–impact framework that distinguishes between municipal ambition (strategic planning, innovation, engagement in networks) and actual outcomes (coverage, accessibility, inclusion). Drawing on constitutional and legislative texts, case law, municipal regulations, strategic plans, statistical data, and reports from international and civil society organisations, the study situates urban action within the constitutional arrangements of Italy, Spain, and Greece.
The findings demonstrate that municipalities are indispensable first responders in the daily realisation of social rights, yet their effectiveness is constrained by constitutional architecture, fiscal regimes, and intergovernmental relations. The study shows that constitutional design sets the outer limits of municipal action: political will and innovation cannot compensate for the absence of clear competences, stable resources, and reliable conflict-resolution mechanisms. Migration emerges as a critical field of tension: while restrictive national policies often risk excluding migrants, municipalities frequently reassert the principle of universality by safeguarding access to schools, healthcare, and housing support. These practices illustrate how local governments act simultaneously as service providers and constitutional intermediaries, reshaping both belonging and the meaning of
rights. By situating municipalities at the centre of constitutional analysis, the thesis contributes to debates in constitutional law, human rights, and urban governance. It shows that the value of local autonomy lies not only in enabling municipal responsiveness but also in defining the conditions under which cities can act as genuine guarantors of fundamental rights.
The findings demonstrate that municipalities are indispensable first responders in the daily realisation of social rights, yet their effectiveness is constrained by constitutional architecture, fiscal regimes, and intergovernmental relations. The study shows that constitutional design sets the outer limits of municipal action: political will and innovation cannot compensate for the absence of clear competences, stable resources, and reliable conflict-resolution mechanisms. Migration emerges as a critical field of tension: while restrictive national policies often risk excluding migrants, municipalities frequently reassert the principle of universality by safeguarding access to schools, healthcare, and housing support. These practices illustrate how local governments act simultaneously as service providers and constitutional intermediaries, reshaping both belonging and the meaning of
rights. By situating municipalities at the centre of constitutional analysis, the thesis contributes to debates in constitutional law, human rights, and urban governance. It shows that the value of local autonomy lies not only in enabling municipal responsiveness but also in defining the conditions under which cities can act as genuine guarantors of fundamental rights.
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