Abstract

Following the reform of Title V of the Italian Constitution in 2001, interpretative doubts arose regarding legislative jurisdiction over the performing arts, since this matter is not expressly mentioned as falling either under the exclusive jurisdiction of the State (article 117, section 2), or joint jurisdiction (article 117, section 3). The article analyses the interpretative issues that have arisen following this reform and the previously applicable national statutes. The article then addresses the clarification offered by the Italian Constitutional Court, according to which the performing arts fall under the joint jurisdiction of the State and Regions, for the «enhancement of heritage and environmental resources and the organisation of cultural activities».