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Home » Archive » State And Regional Legislation In Italy In The Decade After The Constitutional Reform

Simone Calzolaio
State And Regional Legislation In Italy In The Decade After The Constitutional Reform
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This paper describes the evolution of the legislative powers in Italy after the constitutional reform of Title V and, in particular, in the decade that followed. Constitutional Law no. 3 of 2001 sought to amend the Constitution so as to provide greater legislative autonomy to the Italian regions; for this reason, it reversed the criteria for the distribution of legislative powers, and provided a residual clause whereby all matters not expressly provided for in Art. 117, par. 2 and 3, should be considered to belong to the full legislative competence of the Regions. In the next ten years the Constitutional Court was called to offer a reading of the new reach of legislative powers. The result is a structure of powers which is quite different from that envisaged by Art. 117 of the Constitution. The study outlines the characteristic features emerging from an analysis of the decisions of the Constitutional Court as to each type of legislative powers (exclusive, concurrent and residual) and the main legislative matters. It also describes the main models and tools used to harmonize the expressed purpose of legislation.

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