Democrazia, partecipazione e procedure decisionali. Spunti di riflessione per una lettura delle dinamiche per la garanzia della effettività dei diritti sociali

This article explores how the effectiveness of social rights can be genuinely guaranteed, starting from the distinction between the ontological and teleological dimensions of the legal system—its "being" and its "ought to be." Participatory processes play a central role in fostering an inclusive and self-aware democracy, as they enable collective needs to emerge and orient political choices. Public organization must move beyond binary logics (rule/exception, inclusion/exclusion) and embrace an intersectional approach, capable of valuing differences and ensuring substantial equality. Within this framework, the network of services envisaged by Law no. 328/2000, together with social, digital, and community infrastructures, becomes an indispensable tool for promoting equitable and sustainable social development, particularly in times of economic constraint. The author further argues that judicial protection cannot be reduced to an abstract guarantee of rights, but must operate as an effective instrument for their concrete realization. Examining the debate on jurisdictional allocation between ordinary and administrative courts—especially in anti-discrimination actions following the Constitutional Court's decision no. 15/2024—the article concludes that the effectiveness of social rights requires an "appropriate result," achievable only through a complex protection that addresses the public administration's conduct, organization, and capacity to deliver services proportionate to actual needs.