Guido Rivosecchi

The Italian Constitutional Court as a guarantor of the balance between functions and resources. The case of hydroelectric rents of exclusive regional domain

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Abstract

This note elaborates on the judgment no. 155/2020 of the Italian Constitutional Court, which declared as unconstitutional a State law imposing Regions to pay a share of water fees to Provinces and Metropolitan Cities affected by the leads. The analysis of the decision is placed in the context of the evolution of the case law of the Court, ensuring the principle of necessary symmetry between functions and resources entrusted to the different territorial levels of government both in terms of substantive and procedural profiles.

Keywords

  • regional water fees
  • destination constraint for local authorities
  • correspondence between functions and resources

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