Abstract

This essay analyzes the long und unsolved italian institutional transition from the point of view of legal theory. This transition is related to the new political and economic european order, which is established with the adoption of the Maastricht Treaty. The deep changes which derived for Italy produced a transformation of its material constitution even before the attempts at formal revision. In this context, the theoretical predominance of a supranational constitutionalism of rights has indirectly contributed to the undervaluation of risks related to the new economic european governance and its limitations to constitutional sovereignty.