Andrea Morrone

The state of the Regions through the legislation

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Abstract

This essay provides a comprehensive analysis of the legislative power dynamics between the State and the Regions within the Italian constitutional framework. It critically examines the evolution of regionalism, particularly focusing on the changes before and after the constitutional reforms of 1999-2001. The study is structured to highlight the constitutional case law developments concerning the relationship between national interests and regional autonomy. It discusses three main areas: the safeguard of unitary needs expressed within matters of exclusive State competence through reform norms and fundamental principles, including financial constitution principles and criteria of subsidiarity, cooperation, and replacement; the dynamics and effectiveness of exclusive, concurrent, and residual legislative competences; and the adaptation of legislation in response to emergencies, with a specific emphasis on the constitutional adjudication during the pandemic crisis. The concluding part synthesizes these findings, offering reflections on the balance between national interests and regional autonomy, and the role of State intervention in safeguarding constitutional unity while recognizing the potential value of regional autonomy.

Keywords

  • Italian regionalism
  • regional autonomy
  • constitutional reforms
  • constitutional adjudication
  • State Regions disputes

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