The Rules on Financing and the Reorganization of the Mountain Communities under Review by the Constitutional Court

Author/s Clelia Losavio
Publishing Year 2011 Issue 2011/1
Language Italian Pages 14 P. 105-111 File size 498 KB
DOI 10.3280/AIM2011-001006
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The judgements n. 237 of 2009, nn. 27 and 326 of 2010 by the Constitutional Court confirm the exclusive competence of the regions on mountain communities as a result of the reform of title V of the Italian Constitution. At the same time, however, the above mentioned judgements recognize the legitimacy of the State to deal with that matter in the case the intervention can be qualified as independent within the State competences related to the coordination of the public finance. Whilst the Court examined certain rules contained in the State laws which apply specifically to the reorganization and financing of the mountain communities, they do not constitute themselves an undue invasion of the reserved autonomy of the regions. However their legitimacy has to be assessed according to the criterion for the division of the concurrent competences between State and regions.

Keywords: Mountain Communities; Art. 117 of Italian Constitution; Public Finance

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Clelia Losavio, Le norme sul finanziamento e sul riordino delle Comunità montane al vaglio della Corte costituzionale in "AGRICOLTURA ISTITUZIONI MERCATI " 1/2011, pp 105-111, DOI: 10.3280/AIM2011-001006