Bulletin n. 2/2015
September 2015
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
    • Arban, Erika
    Re-centralizing subsidiarity: Interpretations by the Italian Constitutional Court
    in Regional and Federal Studies , Volume 25, Issue 2 ,  2015 ,  129-144
    Subsidiarity has become one of the key principles of European Union law since its introduction in the Treaty of Maastricht, but in recent years other federal or decentralized systems have cemented this principle into their constitutions: one example is Italy, where subsidiarity was encapsulated in art. 118 of the constitution as amended in 2001. This article surveys some of the contributions coming from Italian constitutionalism and adds to the debate on subsidiarity, especially with regards to the stimulating, yet controversial, interpretation of the principle offered by the Italian constitutional court, which permeated it with a “centralist” essence. The article explores how subsidiarity is construed beyond EU law and argues that, while revealing all the elasticity of this principle, the interpretation offered by the Italian constitutional judges presents some risky consequences.
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