This note analyses Italian Constitutional Court decision no. 168/2024, which declared the unconstitutionality of the Sardinian Regional Law no. 2 of 2024, adopted to prevent the reduction in the number of school institutions required by national legislation on school network rationalisation. The ruling is not particularly innovative in its reasoning but is noteworthy for the legislative strategy employed by the Region, which attempted to ground its intervention on a future implementing rule under the special Statute. The case exemplifies a distorted and instrumental use of regional legislative power, revealing broader criticalities in the exercise of legislative autonomy by special-status Regions. It also highlights the systemic crisis of Italian regionalism, caught between increasingly centralising constitutional jurisprudence and the inadequacy of regional political leadership.

Gli uffici politici regionali, tra censure della Corte costituzionale e normazione "per tentativi" dello Stato. Breve storia di una competenza contestata

Roberto Ricciardelli
2025

Abstract

This note analyses Italian Constitutional Court decision no. 168/2024, which declared the unconstitutionality of the Sardinian Regional Law no. 2 of 2024, adopted to prevent the reduction in the number of school institutions required by national legislation on school network rationalisation. The ruling is not particularly innovative in its reasoning but is noteworthy for the legislative strategy employed by the Region, which attempted to ground its intervention on a future implementing rule under the special Statute. The case exemplifies a distorted and instrumental use of regional legislative power, revealing broader criticalities in the exercise of legislative autonomy by special-status Regions. It also highlights the systemic crisis of Italian regionalism, caught between increasingly centralising constitutional jurisprudence and the inadequacy of regional political leadership.
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11591/591914
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus 0
  • ???jsp.display-item.citation.isi??? ND
social impact