The Distribution of Legislative Competences Between State and Regions in the Evolution of Italian Constitutional Court Case-Law

Abstract

The article deals with the issue of the distribution of legislative competences between the State and the Regions after the reform of Title V of the Italian Constitution (1999-2001). After setting out the novelties introduced by the reform and, in particular, the contents of the “new” Section 117 of the Constitution, the Author focuses both on the contribution of constitutional case-law to the correct definition of state and regional competence areas and on the decision-making techniques implemented. The case-law examination highlights the constant tension between the autonomist and the unitary claims and the need to promote dialogue and cooperation between the State and the Regions to overcome the current conflict, hence ensuring the good functioning of the Italian regional system.