Administration, Innovation and Environmental Sustainability

GAVINA LAVAGNA

The course aims to provide students with an understanding of the regulatory and executive organization and powers of the Italian regional and local system; the aim of the course is the achievement by students of knowledge necessary to critically examine the organization of the regional and local authorities.

The course aims to introduce students to and allow them the possibility of analysis and comparison of the main institutes of regional law and local authorities

It is advisable to have already taken the Public Law basic exam.

The first part:
The italian regional system and its evolution.
The constituent idea of Region. The putting into effect of the Regions and the most important events concerning Italian regionalism. Regions after the reform of title V of the Constitution.
The extension of the statutory autonomy. Regional organization:the regional legislative assembly; the President and the regional council. Links between State and Regions.
Regional functions: regional regulative powers; executive powers. Financial autonomy. the central government controls. Regions and UE.

The second part:
General features of the law of Local Authorities; Autonomy of Local Authorities; the Municipality: organs and functions; Provinces and Metropolitan cities after Delrio law; The Acts of Local Authorities; the Controls System; organizationand staff in the local authorities; finance and local accounting.
Themes and perspectives of territorial autonomies

E. Carloni, F. Cortese, Diritto delle autonomie territoriali, Wolters, ult.ed.

Territorial autonomies, rights and service course provides students with the necessary tools for the study, knowledge, understanding and development of the main topics of Italian regional and local system law, rights and services. The course lasts 63 hours.

Course attendance is optional. Students who intend to take the extemption are required to attend lessons.

The exam consists of an oral test during which students will be asked questions about the different parts of the program of about half an hour.

Only for attending students it is possible (but not compulsory) to take an intermediate test (exemption) which will take place during the lessons on the dates that will be announced by the teacher during the lessons. The test, lasting about two hours, consists of four or five open-ended questions on specific parts of the program indicated in advance by the teacher.

Regional and local sources; the Regions with Special and Ordinary Statute; the regional form of government; the regional bodies; distribution of legislative power between State and regions; subsidiarity; local authority.

• Introductory lesson and course objectives; Autonomy, regionalism and federalism.  Federative processes in Europe in the 19th and early part of the 20th century. The birth of the regional model: the Spanish Constitution of 1931. The acceptance of the regional model in the Italian Constitution. The debate in the Constituent Assembly. 


• The slow start of ordinary regions. The delayed approval of implementing legislation. The 1990s: the slow expansion of regional skills. The start of the process of reform of the regional system: the cost.1/99 law and the cost law. 3/2001 


•  The legislative power of the State and the regions pursuant to art. 11 7. The exclusive power of the State. Concurrent legislative power. Cross-cutting issues and legislative subsidiarity. Residual legislative power Article 118 of the Constitution and the principle of subsidiarity in a vertical and horizontal sense. Legislative subsidiarity.  Financial autonomy pursuant to art. 118 Constitution. 


• Statutory autonomy. The regional statute in the system of sources. The regional statute: the contents The regional statute: the training procedure and limits.  


• The regional form of government before the 1999 reform 27/10/2022 08:00 10:00 The organization and functioning of the form of government of the regions in light of the legislative decree 1/99 10:00 12:00 The indications of constitutional jurisprudence. The choices of the new Statutes regarding the form of government.


•  Legislative competence in electoral matters The Regions with special statute Regions - foreign power and relations with the European Union The links between the State. The loyal collaboration between the State and the regions. The Conference system.  The other regional sources . Covid and the Regions.  


•  Local authorities in the Italian legal system Survey of sub-state territorial bodies in pre-republic legislation. Local autonomies in the Republican Constitution.  The evolution of legislation regarding local authorities. Law 8 June 1990, n.142 24/11/2022 From the Bassanini Laws to the Consolidated Law on Local Authorities - TUEL. From the TUEL to the reform of Title V In search of a new structure of local authorities between the Delrio Law and the new attempt to revise the Constitution.  The municipality. Territorial changes, mergers of municipalities, institutions of new municipalities, The Province Review of provincial districts and establishment of new Provinces. Recent attempts to reorganize the Provinces, the metropolitan city, Rome capital  


• In the last part of the course, attending students report on the research assigned to them relating to a single municipality, in compliance with the guidelines indicated by the Teacher.