Descentralización y derechos de los ciudadanos: la tensión entre igualdad y autonomía política en el modelo italiano

Abstract

In the compound States it¿s necessary to set to what extent political decentralization may influence the recognition of rights over the territory, determining a CErtain element of variety in the content of these, and when such a variety would be contrary to the requirement of equality, that must also be on the basis of all compound State. The systems of distribution of competences in these States address this complex balance using different techniques, one of which is to give the State a power to regulate in an uniform way a part of the rights, so the variety derived from political autonomy will be possible only beyond that homogeneous area but not within it. In Spain we have a clear example of this technique in art. 149.1.1 CE, and the latest exponent in time of this way is art. 117. II.m) of the Italian Constitution, which is the object of analysis of this work.

Keywords

• political autonomy
• distribution of competences
• equality