Bulletin n. 1-2/2014
November 2014
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Flavio Guella
    L'autonomia finanziaria del Local Government nel Regno Unito. Un'evoluzione dei modelli giuridici di controllo, standardizzazione e responsabilizzazione della spesa pubblica
    in Diritto pubblico comparato ed europeo , no. 1 ,  2014 ,  143-182
    The article deals with the evolution of the tools of central direction and coordination of the UK Local Government's financial autonomy. In this regard, the features characterizing the different stages of legal regulation of local spending are highlighted focusing, in particular, on the one hand on the profiles that have implied a season of high jurisditionalization of the conflicts between the levels of government, and - on the other hand - on legislative solutions organized to dilute the conflict. The analysis, which moves from the constitutional position of the Local Government (qualifying ultra vires doctrine as a defensive or limiting tool in relation to the local autonomy), remarks the contradictory consequences of the reform process, both on th einstitutional and on the performance levels. Specifically, analyzing case law and legislation (until Localism Act 2011), it emerges that the financial discipline has profoundly changed the role of Local Government in the overall system, eliminating tensions both vertically and horizontally but, in the meanwhile, placing the territorial level in a position of strong heterodetermination (either by the Government that by the private sector) over the course of its own functions.
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