Davide Monego

Fiscal equalization mechanism of regional budget reports and the incidental constitutional review

  • Abstract

Informations and abstract

Keywords: equalization mechanism, regional budget reports, review of constitutionality, infringement of competence rules.

This paper is devoted to the review of constitutionality, within the mechanism of equalization of the budgets, including the regional ones. The role of the Italian Constitutional Court has become increasingly relevant since the Court dealt with regional spending laws and legitimacy questions coming from the violation of competitive legal parameters, as connected to the violation of the strictly financial ones. The paper highlights the main steps of this jurisprudential path, focusing on the problems of challenging the laws before the Court and on the relevance of the related complaints, in view of the need that, in the case of the equalization proceeding, the alleged lack of costitutionality has to be founded on the infringement of the exclusive national competence, an assumption that seems acquired in the Court’s case law, however not without arousing some perplexities.

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