Essays on Federalism and Regionalism 1 For further volumes: http://www.springer.com/series/13190
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Stelio Mangiameli Editor Italian Regionalism: Between Unitary Traditions and Federal Processes Investigating Italy s Form of State
Editor Stelio Mangiameli Regionalism, Federalism and Self-Governm National Research Council - Institute for Rome Italy ISBN 978-3-319-03764-6 ISBN 978-3-319-03765-3 (ebook) DOI 10.1007/978-3-319-03765-3 Springer Cham Heidelberg New York Dordrecht London Library of Congress Control Number: 2014941758 Springer International Publishing Switzerland 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Foreword The idea of a book on Regionalism 10 years after the revision of Title V of the Italian Constitution was put on the agenda of ISSiRFA (Institute for the Study of Regionalism, Federalism and Self-Government Massimo Severo Giannini ) in the summer of 2010, aiming at providing a wider audience, well beyond our national boundaries, with a contribution in English that attempts to explain the Italian institutional transformations. The attempt to rationalize the events of the past decade carried with it the need to examine the legacies of the past and the deeply entrenched unsolved, and mostly unsolvable, issues that depend on historic limitations and on the characteristics of the Italian people who as Santi Romano has it have emphasized their disposition in the application of the Statuto Albertino (the Constitutional Charter granted by King Alberto of Savoy in 1848). The questione meridionale (Southern question), set aside after the 1992 crisis and therefore kept outside the scope of all subsequent reforms, still weighs heavily on the Country. The questione settentrionale (Northern question) with the federal claims is brandished by the Lega Nord political party, which considers the implementation of fiscal federalism as the instrument for abandoning the rest of Italy to its fate. And the Central State lies in the middle, invasive for the Regions of the North and absent for the Regions of the South. The gap is essentially cultural and does not concern the structure of the Regions and their powers, though a still real and urgent issue is the Italian State and the reform that has failed to come. A devolution of the functions of the State would enable the Regions of the North to proceed with a further and more innovative form of development, together with a right form of solidarity that would urge the southern Regions to make a more productive use of their natural and human resources. Therefore, in the current phase, only a strong decentralized structure can realize a consistent competition among Italian Regions. v
vi Foreword This book looks into the Constitutional revision of 1999 2001 and concerns Regionalism at a time when the new economic crisis, which began in the late 2007, has deeply changed the relation between individuals, society, and institutions and between the latter, not only in Italy but also in other Countries. The essays collected in this volume convey a clear and comprehensive view of the Italian literature on these issues and constitute also the groundwork for further deepening. An introduction (Mangiameli) focuses on problems resolved and pending on Italian Regionalism, ahead of a historical reconstruction of Italian Regions since the adoption of the Constitution (Desideri), looking also at historical models of other Countries (D Atena). The book, therefore, takes into account all the aspects of Regionalism: the institutional issues (Viceconte, Ferrara-Scarpone, Arabia, Castelli, Gentilini) and the various regional sectors and activities, such as health care, social welfare, international activities, relations with EU (France, Napolitano, Saputelli, Iacoviello). Financial aspects and geographic settings are also analyzed (Buglione, Cavallaro). A study of the role of jurisprudence (Ronchetti), so important for Italian Regionalism, closes the volume. This thorough investigation in the Regional studies proved to be a difficult task to achieve for all the researchers and scholars involved, from the preliminary discussions to the final preparation of the volume. I wish to thank them all for the valuable work done. Rome, Italy September 2013 Stelio Mangiameli
Contents The Regions and the Reforms: Issues Resolved and Problems Pending... 1 Stelio Mangiameli A Short History of Regionalism in Italy Since the Republican Constitution. Italian Regionalism and Its Evolution... 35 Carlo Desideri Between Spain and Germany: The Historical Models of Italian Regionalism... 67 Antonio D Atena Regional Geography... 81 Chiara Cavallaro The Special Regions and the Autonomous Provinces... 111 Antonio Ferrara and Davide Scarpone Statutes and the Regional Forms of Government... 137 Nicola Viceconte Legislation by the Ordinary Statute Regions: Powers and Subjects... 171 Aida Giulia Arabia The Administrative Structure of Italian Regions... 197 Luca Castelli Regions and Local Authorities... 221 Alessandro Gentilini Rules and Procedures for the Participation of Italian Regions in European Policymaking... 249 Antonino Iacoviello The Regions and Their International Activities... 281 Gabriella Saputelli vii
viii Contents Regional Finance in Italy: Past and Future... 307 Enrico Buglione The Italian Health Care System and the Economics of the Right to Health... 335 George France Social Care as a Workshop for Regional Welfare Policies... 353 Giulia Maria Napolitano The Judicial Construction of Italian Regionalism... 379 Laura Ronchetti Index... 405
List of Authors Aida Giulia Arabia ISSiRFA-CNR, Rome, Italy Enrico Buglione ISSiRFA-CNR, Rome, Italy Luca Castelli University of Perugia, Perugia, Italy ISSiRFA-CNR, Rome, Italy Chiara Cavallaro ISSiRFA-CNR, Rome, Italy Antonio D Atena University of Rome Tor Vergata, Rome, Italy ISSiRFA-CNR, Rome, Italy Carlo Desideri ISSiRFA-CNR, Rome, Italy Antonio Ferrara ISSiRFA-CNR, Rome, Italy George France ISSiRFA-CNR, Rome, Italy Alessandro Gentilini ISSiRFA-CNR, Rome, Italy Antonino Iacoviello ISSiRFA-CNR, Rome, Italy Stelio Mangiameli University of Teramo, Teramo, Italy ISSiRFA-CNR, Rome, Italy Giulia Maria Napolitano ISSiRFA-CNR, Rome, Italy Laura Ronchetti ISSiRFA-CNR, Rome, Italy Gabriella Saputelli ISSiRFA-CNR, Rome, Italy Davide Scarpone La Sapienza University, Rome, Italy Nicola Viceconte ISSiRFA-CNR, Rome, Italy ix