Education and culture: statute or contract?

Abstract

THIS STUDY CONTRIBUTES TO THE AREAS OF CONSTITUTIONAL, CIVIL AND CONSUMER LAW. THE CONTRAST BETWEEN TWO SUPREME COURT DECISIONS ON TO THE OFFER OF SERVICES RELATED TO EDUCATION TOPIC OF THE FIRST DECISION, AND TO CULTURE, SPORT AND LEISURE, IN THE SECOND, LEADS TO THE ANALYSIS OF THE NATURE AND THE EFFECTIVENESS OF THE SOCIAL RIGHTS PROVIDED IN THE CONSTITUTION, SPECIALLY WHEN OFFERED BY PRIVATE INSTITUTIONS AND DOCUMENTED BY CONTRACTS. THE AIM OF THE ARTICLE IS A REFLECT UPON THE CONSISTENCY OF THE DECISIONS IN QUESTION AND THE VOTES PRESENTED, PROJECTED IN A PERSPECTIVE OF BROADENING THE OFFER OF ACCESS OF SOCIAL RIGHTS GIVEN IN A REGIME OF FREEDOM OF ENTERPRISE. THE DECISIONS ARE CONSIDERED CONTRADICTORY AND THE ARTICLE CONCLUDES WITH A PROPOSAL FOR THE DELIMITATION OF LEGISLATIVE COMPETENCE IN CONTRACTUAL MATTERS, CONSUMER RELATIONSHIPS AND PUBLIC AND PRIVATE OFFERING OF ACCESS TO SOCIAL RIGHTS.