Emergenza economica e dovere di solidarietà. Alcune note di comparazione

Economic Emergency and the Duty of Solidarity: Some Comparative Remarks

Abstract

The paper explores the legal dimension of the principle of solidarity in times of economic emergency, with a focus on the constitutional experiences of Spain and Portugal. It analyses how financial crises have challenged the balance between fiscal sustainability and the protection of fundamental social rights. By comparing the case law of the respective constitutional courts, the study highlights diverging judicial responses to austerity measures. The Portuguese court adopted a rights-protective stance, while the Spanish court showed deference to executive power. The paper questions whether economic crises justify emergency-like legal frameworks. It argues that structural limitations on social rights, lacking temporary character, undermine democratic constitutionalism. Ultimately, it emphasizes the normative relevance of solidarity as a binding constitutional principle, even in economic downturns.

Keywords: Constitutional solidarity; Economic emergency; State of emergency