La reacción de la Corte constitucional italiana ante la región “rebelde” en la Sentencia 37/2021: Nuevas incógnitas para el futuro de las competencias entre Estado y regiones

Abstract

The article aims to present in detail a recent and peculiar Italian case concerning the approval of the law of the Valle d’Aosta region n. 11, December, 2020, with which that region tried to bypass the State powers to manage the pandemic caused by Covid-19 and provide its citizens with alternative regulations. In particular, in addition to the contents of the regional law and the context in which it was inserted, this paper aims to analyse the reaction of the Constitutional Court to the State recourse to Law 11/2020. In addition to causing the first precautionary suspension of a regional law in the history of the Republic, the contents of this recent decision of the Constitutional Court have been recognised as transcendent by the doctrine, and extend far beyond the specific case, to serve even as a field of study and inquiry for other regional systems.

Keywords

• regionalism
• special autonomy
• italy
• competence
• constitutional court
• pandemic