Paolo Scarlatti

Guidelines of constitutional jurisprudence on the division of powers regarding local public services

  • Abstract

Informations and abstract

Keywords: local public services, integrated water service, division of powers, competition, constitutional case-law.

This article analyses the complex case of local public services with regards to the constitutional division of powers between the State and Regions. A case highlighting that the evolution of the legal framework, mainly due to the European process of integration, has to be measured with reference to the Constitutional Court’s interpretation of the principle of competition. The guidelines arising from such constitutional case-law foster critique of the legislative process as well as on the merits of the balance achieved regarding other constitutional values, such as environmental protection.

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