La pronuncia della Corte costituzionale sulla riforma “Madia” incide sul sistema delle fonti del diritto

Translated title of the contribution: [Autom. eng. transl.] The ruling of the Constitutional Court on the “Madia” reform affects the system of sources of law

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Abstract

[Autom. eng. transl.] The Constitutional Court, with the sentence November 25th 2016, n. 251, cancels some provisions of the "Madia reform" regarding the reorganization of the public administrations and in particular accepts the questions of illegitimacy that have been presented in relation to the delegated law for violation of the principle of sincere collaboration. The starting point in the reasoning of the Consulta is that state and regional competences are inextricably intertwined, so much so that they cannot identify a "prevalent" subject. It is therefore necessary to resort to the principle of loyal cooperation, by virtue of which, for the adoption of the relative delegated decrees, the opinion of the Unified Conference is insufficient, making it necessary to involve the regional authorities more, through the instrument of the agreement, to be searched, depending on the issues under discussion, in the State-Regions Conference or in the Unified Conference.
Translated title of the contribution[Autom. eng. transl.] The ruling of the Constitutional Court on the “Madia” reform affects the system of sources of law
Original languageItalian
Pages (from-to)366-374
Number of pages9
JournalURBANISTICA E APPALTI
Volume2017
Publication statusPublished - 2017

Keywords

  • Conferenza Stato regioni
  • decreto legislativo
  • intese
  • principio di leale collaborazione

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