La riserva statutaria di legge nelle regioni ad autonomia ordinaria: ratio e limiti

[Autom. eng. transl.] Different legal functions have been recognized over time in the institution of the legal reserve, parallel to changes in the form of state, such as the form of government and even the administrative function. It has thus been argued that, with the transition to the contemporary constitutional state, the original ratio of the institution, ie the guarantee of the rights of the individual, has now been considered to have been overcome. Yet, on the occasion of the new statutory season, the regions have made frequent recourse to the legal reserve, also in the matter of civil and social rights, and this could appear to be in contradiction with the repeated statements concerning the crisis of the institution itself and, at the same time , raises some questions. Certainly the regions have seen their competence to influence the levels of protection of rights increased, being able to integrate what has already been provided at the state level with the determination of the essential levels of performance; on the other hand, it is already the Constitution that establishes the legal reserves on the subject of rights and a "statute of autonomy", which is not a constitutional charter that is the foundation of the regional order, could not however dispose otherwise, by introducing regulation reserves or transforming an absolute reserve of law into a relative reserve. Where there are no legal reserves in the Constitution, however, then the introduction of statutory reserves of law seems to respond more than anything to a need for greater clarity in the distribution of competences between Councils and Councils and the intention of the Councils to reinvigorate the own role, also because, in almost all the "second generation" statutes, the regulatory power has been attributed to the council.