FEDERALISM AND REGIONALISM
(objectives)
THE COURSE IS AIMED AT EXAMINING DIFFERENT TYPES OF TERRITORIAL ORGANIZATION OF THE STATE. CONTEMPORARY JURIDICAL SYSTEMS ARE INCREASINGLY ORIENTED TOWARDS THE CONCEPT OF AUTONOMY AND DECENTRALIZATION IN VARIOUS FORMS AND MODALITIES, RANGING FROM THE WIDEST AUTONOMY REPRESENTED BY A CONFEDERATION OF STATES TO INTERMEDIATE SOLUTIONS SUCH AS FEDERAL STATES OR, ON AN EVEN LESSER DEGREE OF AUTONOMY, I.E. IN THE CASE OF ITALY AND SPAIN, ON NATIONAL STATES BASED ON A GIVEN LEVEL OF REGIONAL AUTONOMY OR DECENTRALIZATION.
A SPECIFIC FOCUS IS GIVEN TO THE ONGOING DECENTRALIZATION PROCESS IN ITALY INITIATED WITH THE SO CALLED “BASSANINI LAWS” OF 1997 AND FOLLOWED BY THE APPROVAL OF THE REFORM OF TITLE V OF THE ITALIAN CONSTITUTION IN 2001, A REFORM THAT HAS INJECTED INTO THE ITALIAN CONSTITUTIONAL ARCHITECTURE THE “MAXIMUM POSSIBLE DEGREE OF FEDERALISM” COMPATIBLE WITH THE CURRENT CONSTITUTIONAL ARCHITECTURE AND FINALLY COMPLETED BY THE RECENT INTRODUCTION OF “FISCAL FEDERALISM”, WITH THE ENTRY INTO FORCE OF ARTICLE 119 OF THE CONSTITUTION.
THE COURSE WILL ALSO COVER THE ANALYSIS OF THE ONGOING EUROPEAN INTEGRATION PROCESS, SEEN AS THE DEVELOPMENT OF A SUPRANATIONAL JURIDICAL SYSTEM COMBINED –THANKS TO THE PRINCIPLE OF SUBSIDIARITY – WITH THE ENHANCEMENT OF GOVERNANCE PREROGATIVES AND CAPACITIES AT LOCAL LEVEL. A SCHEME THAT HAS BEEN DEFINED AS “MULTILEVEL GOVERNANCE” AND THAT SHARES ELEMENTS FROM THE DIFFERENT NATIONAL MODELS OF AUTONOMY AND FEDERALISM TOUCHED UPON IN THIS COURSE.
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