The aim of this article is twofold: first, to present the conclusions of the AG and the legal reasoning underlying the judgment BU v Comune di Copertino. The second aim is to offer some reflections on the context of the judgment and the ‘conflict’ between the Court of Justice and the Constitutional Court that it has generated. It is suggested that the divergence of the Courts’ orientations is at the root of a broader issue that needs to be re-examined and that the Court of Justice should take due account of the balance between the effective recognition of social rights and respect for budgetary constraints.
