Globalization and Competition Among Systems Regulatory Capitalism and Administrative Cooperation: The Case of Social Rights

Abstract

The paper looks at the possible role of administrative
law and regulation in a period of economic crisis when the
previous systems in place to protect social values have failed
because their primary interest was in the market. The intersystemic
perspective highlights the role that regulation can have
in balancing the needs of the market and those of citizens even in
a globalized perspective in which must be reconsidered the role of
administrative cooperation. The specific case of social rights is
analysed as it can be understood as a cyclic quadrilateral whose
vertex are represented by sustainability, feasibility, executability
and capability of being judged and lie in the same circle that is
the “legal reasonableness”, and the challenges that it has to face
in a situation of economic crisis magnify the risks, undermining
the very existence of the binomial titularity/effectivity of the
rights and the consideration and balance of the fundamental
values of the system can avoid that the imperfect duties of which
the state is titular might be at the basis of a dangerous
dismantling of the idea of the welfare state.