LAWS10090 Constitutional Law What are the federal elements in the Italian Constitution, Study notes of Law

Download LAWS10090 Constitutional Law What are the federal elements in the Italian Constitution and more Study notes Law in PDF only on Docsity! Presentation Topics: What are the federal elements in the Italian Constitution? Fiscal federalism- Taxing powers were gradually transferred to the regions and localities The 1947 constitution introduced the constitutional court to control respect for the constitution. All the regions crested the ordinary (15) and special (5) can legislate within the frame of Art 117 of th Constitution and special regions can enact legislation within the frame of the statutes. Administrative competences were transferred to both the regions, through various acts and statutes. In 1999 and 2000 laws were approved amending the constitution concerning regions, municipalities and provincies. Presidents of the regions are directly elected by popular vote and can be reserved. The constitutional reform also established that in case of violation of the constitution, regional law s and statutes can be contested by the central government before the constitutional court. Constitutional law 2/2001 the five special regions were authorised to organise their own forms of government. Constitutional law 3/2001 introduced a new division of legislative power between the central state and the regions. And that the central state no longer exercises control over the regional legislation. Federal principles were included in the constitution, reversing the traditional criteria for assigning powers (with strict definition of the state’s legislative powers and the devolution of all other legislative powers to the regions (Bassanini 2012), introducing fiscal federalism and embryonic mechanisms of territorial representation in both national and European policy-making. How has the Constitutional model been implemented? Constitutional reform in Italy has taken two tracks. There have been attempts at ‘big bang’ reform, in which a range of issues is addressed at the same time. These include strengthening the role of the Prime Minister, consolidating the regions on federal lines, and reforming the Senate to make it a chamber of territorial representation and so complete the link between central and regional reforms. As these have consistently failed, a second track has involved incremental reforms, addressing parts of the system. The electoral system has been changed more than once, initially in the quest for stable government but then more for partisan reasons. A series of smaller reforms have affected the powers and standing of regional governments. Constitutional reforms in 1999 and 2001 introduced the direct election of regional presidents in the 15 Ordinary Status regions modeled on the direct election of mayors since 1993 (Fabbrini and Brunazzo, 2003). This was supported by all main parties and accompanied by legislation on the internal reorganization of regional governments (Baldini and Vassallo, 2001). Presidents gained the sole power to choose or dismiss their executive; the terms of presidents and legislatures were tied together; and the coalition of parties linked to the winning presidential candidate was guaranteed a majority of 8 seats in the assembly The Bassanini reforms of 1997, passed by the centre-left Prodi government with broad parliamentary support as part of a wider process of administrative reform (Mele, 2010), devolved additional competences to the regions and municipalities. This included all administrative responsibilities confined to their territories, but excluded key transversal competences and major infrastructure projects. The reforms took the form of a series of laws and decrees, with actual transfers of personnel and resources negotiated individually (Gilbert, 2000). Although not as radical as its exponents claimed, the Bassanini reform did increase the capacity for regions in the design and allocation of public services. The term federalism did not feature in the law, but entered into the political debate, with some politicians and commentators talking of ‘administrative federalism’. There was also a reform of regional finance, with the assignment of certain tax revenues to the regions, including the proceeds of a new business tax (IRAP). From an Italian perpective the constitutional model has not been implemented. Despite having legislation, these have not been implemented by the relevant authorities- the political parties have played a major role in the shaping of the Italian constitutional model, which has affected the way in which they were to be implemented- political instability (like scandals of corruption etc.) There has not been enough consultation between the regional and central states, bringing about instability and this affects the implementation of the constitutional model. What role has the Italian Constitutional Court played in interpreting the regional model? the state retained important competences in matters like the environment and competition, which the Constitutional Court was to interpret broadly as ‘horizontal’ powers, cutting across sectoral responsibilities devolved to the regions Important decision of the constitutional court 106/2002 stated that according to Art 1, the only sovereign is the people, not the state. Local and regional institutions derive their constitutional legitimacy directly from the people in the same way the national government does.