Istruzione e inclusione: un percorso giurisprudenziale attorno all'effettività dei diritti prestazionali

The study ri-produces the evolution of the system of actions about school with profit for the pupils disabled and with special education needs. We must take a look at the definitive role of jurisprudence of the Constitutional Court that says, in front of delays, and scholastic administration inactivity, the obligatory of constitutional rules that guarantee the instruction right to disabled people. That right, otherwise, is subjected to systematic limitations and by consequence some financial and organizational limits that the school administration meets during the assignment of the support teachers, and the prevision of other measures with profit for all needy students. The study states how, in front of those incompetence, administrative judges, go to sentences with maximum effects, that contains the affirmation, in the single case, of the non comprimibility of the right (fundamental) at the instruction and, thanks to processual instruments preview by the administrative process code, orders the sentence at the administration to distribute, without delays, the performances one- time which are necessary.