AUTONOMY CONFRONTED WITH ITSELF: THE CASES OF ORDINARY REGIONAL STATUTES. The present article considers the constitutional standing of "second generation" statutes of ordinary regions, i.e. those progressively adopted by Italian regions after constitutional reforms of 1999 and 2001. First of all, some procedural issues, connected to art. 123 It. Const. and its ambigu-ous features, are analysed, also with specific focus on the interpretation of the Italian Constitu-tional Court. Then, the article examines contents determined by ordinary statutes. First, the form of government, in which regard the author remarks lack of originality in the interpreta-tion of the relationship between regional Legislative and Executive powers. Second, the author surveys programmatic provisions of statutes, where non-productive approaches as well as po-tential upgrading of these normative tools can be noticed. In conclusion, potential tools aimed at positively exploit the differences between Italian Regions are briefly taken into consideration, even beyond the “not fully satisfactory” experience with "second generation statutes. In this regard, potential implementation of art. 116.3 It. Const. is examined.
L'autonomia di fronte a se stessa: il caso degli statuti regionali ordinari / Gianfrancesco, E.. - In: CONSULTA ONLINE. - ISSN 1971-9892. - 2016:1(2016), pp. 35-50.
L'autonomia di fronte a se stessa: il caso degli statuti regionali ordinari
Gianfrancesco, Eduardo
2016-01-01
Abstract
AUTONOMY CONFRONTED WITH ITSELF: THE CASES OF ORDINARY REGIONAL STATUTES. The present article considers the constitutional standing of "second generation" statutes of ordinary regions, i.e. those progressively adopted by Italian regions after constitutional reforms of 1999 and 2001. First of all, some procedural issues, connected to art. 123 It. Const. and its ambigu-ous features, are analysed, also with specific focus on the interpretation of the Italian Constitu-tional Court. Then, the article examines contents determined by ordinary statutes. First, the form of government, in which regard the author remarks lack of originality in the interpreta-tion of the relationship between regional Legislative and Executive powers. Second, the author surveys programmatic provisions of statutes, where non-productive approaches as well as po-tential upgrading of these normative tools can be noticed. In conclusion, potential tools aimed at positively exploit the differences between Italian Regions are briefly taken into consideration, even beyond the “not fully satisfactory” experience with "second generation statutes. In this regard, potential implementation of art. 116.3 It. Const. is examined.| File | Dimensione | Formato | |
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