Power or duty to replace? A conclusion (or rather, a question)
Journal title DIRITTO COSTITUZIONALE
Author/s Roberto Bin
Publishing Year 2025 Issue 2025/3
Language Italian Pages 10 P. 123-132 File size 135 KB
DOI 10.3280/DC2025-003006
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The distinctive feature of the power of substitution introduced by the reform of Article 120, co. 2. of the Constitution is that it has closely linked the Government’s intervention in substitution with the “essential levels” of services related to fundamental rights, the definition of which is entrusted exclusively to the State. The conclusion that seems to be drawn is that the replacement of administrations that do not comply with essential levels is a duty that the government cannot shirk without being called to account. But what happens in the suburbs in terms of the implementation of rights the Government is unable to know, given that its representative on the ground is the prefect, a body that is not at all trained to deal with the ‘civil and social rights’ of citizens other than security and public order
Keywords: State; Regions; Substitute power; Rights; Essential levels of performances.
Roberto Bin, Potere o dovere di sostituzione? Una conclusione (anzi, un interrogativo) in "DIRITTO COSTITUZIONALE" 3/2025, pp 123-132, DOI: 10.3280/DC2025-003006