1.
Rising to the Populist Challenge: Social Security prescriptions for the Italian Welfare State
(Davide Orsitto/Essay)
(Davide Orsitto/Essay)
... social security data from 1980 to 2015 for Italy’s pensions, unemployment and sickness benefits. The results are plotted against key watershed reforms of the Italian Welfare State and confirm a decrease ...
2.
The referenda for more autonomy in Veneto and Lombardia: constitutional and comparative perspectives
(Erika Arban/Essay)
(Erika Arban/Essay)
In a global context where popular referenda are increasingly used to decide contested issues, this paper aims at exploring the framework in which, in October 2017, two referenda took place in the Italian ...
3.
Constitutional Judges and Secession. Lessons from Canada … twenty years later
(Irene Spigno/Essay)
(Irene Spigno/Essay)
... therein have been further explored in two recent cases, issued by the Italian Constitutional), and by the Spanish Constitutional Tribunal in the latest decision of the Catalonia saga (Judgment no. 114 ...
4.
Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court
(Antonia Baraggia and Maria Elena Gennusa/Essay)
(Antonia Baraggia and Maria Elena Gennusa/Essay)
... human rights protection systems give rise, by focusing on an analysis of the heterologous in vitro fertilization case, where both the Strasbourg Court and the Italian Constitutional Court delivered relevant ...
5.
The Establishment of Metropolitan Cities in Italy: An Advance or a Setback for Italian Regionalism?
(Giovanni Boggero/Essay)
(Giovanni Boggero/Essay)
This paper aims to provide a brief assessment of the legal framework of the newly established metropolitan cities in the Italian domestic legal order. After an historical overview of previous attempts ...
6.
Crisis, emergency and subnational constitutionalism in the Italian context
(Giuseppe Martinico - Leonardo Pierdominici/Essay)
(Giuseppe Martinico - Leonardo Pierdominici/Essay)
... research on the incidence of the crisis on some specific aspects in the Italian legal context, and especially on the relationships between the coordination of budgetary and financial policies and the welfare ...
7.
What Scope for Subnational Autonomy: the Issue of the Legal Enforcement of the Principle of Subsidiarity
(Werner Vandenbruwaene/Essay)
(Werner Vandenbruwaene/Essay)
... Grundgesetz, the ‘ peace, order, and good government’ clause of the Canadian Constitution Act, article 118 of the Italian Constitution, and article 5(3) of the Treaty on the European Union, I’d like to ...
8.
State accountability for violations of EU law by Regions: infringement proceedings and the right of recourse
(Cristina Bertolino/Essay)
(Cristina Bertolino/Essay)
The 2001 constitutional reform in Italy has promoted a more active participation of the Italian Regions in the law-making process and, even more significantly, also in the implementation of EU law. However, ...
9.
Towards New Procedures between State and Regional Legislatures in Italy, Exploiting the Tool of the Early Warning Mechanism
(Cristina Fasone/Essay)
(Cristina Fasone/Essay)
... of regional opinions (also from the regional executives, by means of a ‘political dialogue’) to the Italian parliament, thus indirectly also enhancing the ties between the regional and national levels ...
10.
The evolving role of the Italian Conference system in representing regional interests in EU decision-making
(Elena Griglio/Essay)
(Elena Griglio/Essay)
This contribution focuses on the Italian experience of the ‘collective representation of regional interests through the State-Regions Conference and the other ‘horizontal’, interregional Conferences representing ...
11.
The Introduction of the "Balanced Budget" Principle into the Italian Constitution: What Perspectives for the Financial Autonomy of Regional and Local Governments?
(Antonella Gagliano/Essay)
(Antonella Gagliano/Essay)
This paper analyses the impact on regional and local authorities of Articles 117 and 119 of the Italian Constitution (hereafter referred to as “IC”) as amended by Constitutional Law no. 1/2012. In particular, ...
12.
Implementing fiscal decentralization in Italy between crisis and austerity: Challenges ahead
(Stefano Piperno/Essay)
(Stefano Piperno/Essay)
Since 2010 the Italian central government has embarked on a challenging program of fiscal consolidation, which is hugely affecting sub-central government finances. Sub-national governments are involved ...
13.
Reshaping Disability Policy Making in Italy: The ‘Focal Point’, the National Observatory on the Situation of Persons with Disabilities, and... the Absence of Regions?
(Delia Ferri/Essay)
(Delia Ferri/Essay)
... of its own policy making process. It seems that Italy has taken its international commitment seriously, in compliance with Art. 117(1) of the Italian Constitution, for the last years have witnessed attempts ...
14.
The Regional Construction of a Citizen Participation Model: Experiences and Elements of the Debate on Participatory Democracy
(Rosario Tur Ausina/Essay)
(Rosario Tur Ausina/Essay)
... legal formulas (hard law or soft law), it intends to analyse the key features of a singular and interesting model of citizen participation using the Spanish and Italian experiences as the main focus of ...
Participation is a fundamental principle of the Italian Constitution (art. 3). Nonetheless its enforcement was rather weak in the first decades of Italian Republic. Only from the nineties on – especially ...
16.
The revival of the right to petition in the Statutes of Italian Ordinary Regions
(Cristina Bertolino/Essay)
(Cristina Bertolino/Essay)
The right to petition is an instrument of popular participation whereby citizens are allowed to apply to an authority for the purpose of representing certain needs or to seek the adoption of specific actions. ...
17.
Instruments of participation at regional level: an introduction to the Italian framework in new ordinary statutes
(Anna Mastromarino/Essay)
(Anna Mastromarino/Essay)
The new ordinary statutes of Italian Regions attempt to reconcile the more traditional instruments of representative and direct democracy with the new instruments of participatory democracy. While no original ...
18.
Federalism, Fiscal Federalism and Health Federalism: Standard Costs in Legislative Decree No. 68 of May 6th, 2011
(Giorgio Grasso/Essay)
(Giorgio Grasso/Essay)
... references to federalism are made in the Italian Constitution under the new Title V. The third section focuses on the notion of fiscal federalism in Law No. 42/2009 and in Legislative Decree No. 68/2011 ...
... and pre-return detention and to the general objectives of the EU’s immigration policy. The ruling will have far-reaching consequences not only on the Italian criminal and expulsions system, but also ...
20.
The transfer of State Property to Regions and Local Authorities within the Italian Fiscal Federalism Reform
(Filippo Scuto/Essay)
(Filippo Scuto/Essay)
The present article examines the process concerning the transfer of State Property to Regions and Local Authorities, recently introduced in Italy pursuant to Decree 85/2010. The transfer of State owned ...