LAW AND POLICIES OF LOCAL INSTITUTIONS
Learning outcomes of the course unit
The aim of the course is to study in detail the essential connotations of the local autonomy systems and the relation between central and local power, through the analysis of the implementation and transformation processes of the legislative and constitutional framework, which are still marked by profoundly qualifying dynamics. To this end, the course highlights the trends in the current process of institutional reform (const. law 1/99, 2 and 3/2001, as well as the new hypotheses under discussion in the Italian Parliament concerning the so-called “devolution” project). Attention will therefore be paid to the legislative competencies of the State and the Regions and the effects of the division of administrative competencies, in the light of the principles of subsidiarity, suitability and differentiation. Effects which appear positively suited to influencing the whole political and institutional decentralisation process, involving also functional and managerial-organisational profiles.
Course contents summary
Main topics covered during the course:
§ History of regionalism in Italy, up until the recent reform of Chapter V of the Constitution introduced by Italian law no. 3 of 2001.
§ Regional statutory power and form of government
§ Division of legislative competencies among the State and the Regions in the light of the reform of Chapter V of the Constitution. Regional law and state law
§ Local legislative sources: statutes and regulations
§ Principles of subsidiarity, suitability and differentiation as criteria for distributing administrative competencies among the State, regions and Local Authorities
The reading of one of the following manuals is highly recommended:
G. ROLLA, Diritto regionale e degli enti locali, Giuffré, 2004;
L. VANDELLI, Il sistema delle autonomie locali, il Mulino, ult. ed.;