The essay analyzes the interaction between differentiated autonomy and the principle of loyal cooperation, examining Law No. 86/2024 and the recent Constitutional Court ruling No. 192/2024. The central question is whether the asymmetry clause in Article 116, paragraph 3, of the Constitution can coexist with the cooperative model outlined in our form of state and in what ways. Starting from the premise that cooperative models are not easily reconciled with asymmetric structures, which reflect dual-competitive frameworks, the analysis aims to define the prevailing inspiration behind Italian regionalism and how it influences the concrete functioning of legal institutions. These parameters help explore the interaction between cooperation through acts and cooperation through bodies, as introduced by Law No. 86/2024. The question to be answered is whether there has been a "competitive drift" of loyal cooperation. This will be considered in the context of the text and the Constitutional Court's ruling No. 192/2024, which limited the dual competitive dynamic.
Regionalismo differenziato e istituzioni collaborative: verso una “cooperazione competitiva”? / Tuozzo, Michela. - In: CONSULTA ONLINE. - ISSN 1971-9892. - fascicolo speciale n. 1 a cura di Simone Barbareschi, Marco Ladu e Alessandro Lauro IN NOME DI QUALE DEMOCRAZIA? COME RIDEFINIRE LA STRUTTURA COSTITUZIONALE DEL POTERE IN ITALIA E IN EUROPA(2025), pp. 93-115.
Regionalismo differenziato e istituzioni collaborative: verso una “cooperazione competitiva”?
Michela Tuozzo
2025
Abstract
The essay analyzes the interaction between differentiated autonomy and the principle of loyal cooperation, examining Law No. 86/2024 and the recent Constitutional Court ruling No. 192/2024. The central question is whether the asymmetry clause in Article 116, paragraph 3, of the Constitution can coexist with the cooperative model outlined in our form of state and in what ways. Starting from the premise that cooperative models are not easily reconciled with asymmetric structures, which reflect dual-competitive frameworks, the analysis aims to define the prevailing inspiration behind Italian regionalism and how it influences the concrete functioning of legal institutions. These parameters help explore the interaction between cooperation through acts and cooperation through bodies, as introduced by Law No. 86/2024. The question to be answered is whether there has been a "competitive drift" of loyal cooperation. This will be considered in the context of the text and the Constitutional Court's ruling No. 192/2024, which limited the dual competitive dynamic.| File | Dimensione | Formato | |
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