Social rights and economic crisis: activate constitutional policy and secure the positive obligation of the state
Social rights and economic crisis: activate constitutional policy and secure the positive obligation of the state

Summary/Abstract: The economic crisis should not be accepted as the end of the Social (Welfare) State. It is a new opportunity to defend social and economic human rights and to create the European Social State. A few changes in systemic understanding of the concept of Social State should be made accordingly. Constitutional policy should become more active. The doctrine of positive obligations of the state should be applied for more determined and effective realization of the constitutional principles of sociality, solidarity and social equality. Social roles of lawyers, especially legal scholars and judges, could be among the most important to achieve these goals.

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