«Poca favilla gran fiamma seconda»? Ovvero dal commissariamento della Partecipanza agraria di Cento alla natura privatistica degli enti esponenziali dei domini collettivi, ed oltre...

The appointment of commissioners to the governing bodies of the Agrarian Association of Cento by the Emilia-Romagna Region and the subsequent administrative proceedings (initially before the Regional Administrative Court – TAR – and then before the Council of State) enabled the Constitutional Court to rule on the regional law of Emilia-Romagna that served as the basis for the administrative acts challenged in the proceedings before the Council of State. In doing so, the Constitutional Court applied the provisions of Law No. 168 of 2017 to the case at hand: from the private-law nature of the Representative Bodies of Common Domains derives their classification within the exclusive legislative competence of the State in matters of «civil law», thereby leading to the finding of unconstitutionality of the regional legislation enacted in this domain.