Paolo Scarlatti

Cultural heritage and distribution of powers between State and Regions in the recent case-law of the Constitutional Court

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Abstract

The article focuses on the problematic aspects of the division of powers between State and Regions concerning cultural heritage in the light of the Constitutional Court's case-law. Indeed, throughout conflicting trends and uncertainties, the Constitutional Court continues a major clarification of the fields of intervention between different levels of government, the scope of which represents an essential reference in order to give a real understanding of national and regional prerogatives in the matter of cultural heritage. And that, especially after the reform of Italian regionalism made by Constitutional Law 3/2001, and the subsequent adoption of the Code of Cultural Heritage and Landscape (Legislative Decree 42/2004).

Keywords

  • Cultural Heritage
  • Legislative Powers
  • Constitutional Case-Law

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