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How 'European' is the Italian Regional State now? A study on the Europeanization of the Italian Regional System

Authors :
Giuseppe Martinico
Source :
Revista d'Estudis Autonòmics i Federals, Iss 14, Pp 36-66 (2011)
Publication Year :
2011
Publisher :
Institut d'Estudis de l'Autogovern, 2011.

Abstract

To what extent do Italian courts adapt the national legal instruments (principles,rules, techniques, legal concepts) regarding state structure to therequirements of EU law? This paper aims to give an answer to this questionby providing an overview of the most emblematic cases of “re-adaptations”operated by the Italian courts in order to ensure the respect of the structuralprinciples of EU law. This contribution is structured as follows: first, Iwill explain the reasons why research like this is “difficult”, while secondlyI will move to the analysis of the of some legal instruments (principle ofcompetence, substitutive power, “cedevolezza”). Some final remarks willbe presented at the end of the paper. Generally speaking, my main idea isthat EU law has had a certain impact on the relationship between Stateand Regions in Italy, especially looking at the seasons of the principle ofcompetence, that has been conceived more and more as referring to theidea of “legislative preference” rather than as to the existence of a “legislativereserved domain”.

Details

Language :
Catalan; Valencian, English, Spanish; Castilian
ISSN :
18862632
Issue :
14
Database :
Directory of Open Access Journals
Journal :
Revista d'Estudis Autonòmics i Federals
Publication Type :
Academic Journal
Accession number :
edsdoj.2117108c00f9485b984656c88c239691
Document Type :
article