"È la garanzia dei diritti incomprimibili ad incidere sul bilancio, e non l’equilibrio di questo a condizionarne la doverosa erogazione". Nota a Corte cost. n. 275/2016

One of the biggest issues generated by the 2012 Constitutional reform, which have introduced the balanced budget rule (BBR) in the article 81 of the Italian Constitution, was the role that the new principle could have played in the judicial review, especially in the activity of balancing with the fundamental rights protection. Despite the reform, the sentence n. 275/2016 seems to demonstrate that the Italian Constitutional Court still wants to confirm its previous orientation, consolidated in force of the old version of the art. 81, underlining that the “incompressible” rights cannot be conditioned by the budgetary equilibrium: on the contrary, is the budget that is necessarily influenced by their guarantee.