How 'European' is the Italian Regional State Now? A Study on the Europeanization of the Italian Regional System
Revista d'Estudis Autonòmics i Federals (REAF), Vol. 13, pp. 36-66, 2011
31 Pages Posted: 7 Dec 2011
Date Written: December 6, 2011
To what extent do Italian courts adapt the national legal instruments (principles, rules, techniques, legal concepts) regarding state structure to the requirements of EU law? This paper aims to give an answer to this question by providing an overview of the most emblematic cases of “re-adaptations” operated by the Italian courts in order to ensure the respect of the structural principles of EU law. This contribution is structured as follows: first, I will explain the reasons why research like this is “difficult”, while secondly I will move to the analysis of the of some legal instruments (principle of competence, substitutive power, “cedevolezza”). Some final remarks will be presented at the end of the paper. Generally speaking, my main idea is that EU law has had a certain impact on the relationship between State and Regions in Italy, especially looking at the seasons of the principle of competence, that has been conceived more and more as referring to the idea of “legislative preference” rather than as to the existence of a “legislative reserved domain”.
Keywords: Europeanization, Italy, Regions, Italian Constitutional Court, regional blindness
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