The question of the transposition and implementation of EU legislation in regional legal orders within the Member States is, at present, the subject of a necessary analysis for the contemporary constitutionalist who deals with legal sources as a research topic. This is all the more true in the context of the so-called “Europe of the Regions”. Although a significant presence of normative provisions aimed at adapting re gional legal sources to the European normative order can be detected in Regional Statutes, in Internal Regulations of the Legislative Assemblies, and in some Procedural Laws (which certifies awareness of the need to regulate the two-way interaction between Regions and European Union about what is of interest here), it appears that in Italian Regions there are critical issues worthy of particular attention. One of the most relevant of these critical elements emerges with particular evidence in relation to the typical profiles of the “periodic implementation model”: first of all the failure to approve the European Regional Law. Some margins for development are, however, conceivable as regards the transposition and implementation based on the modalities of the “occasional model”. The analysis carried out (with regard to both the contents of the normative provisions and their state of implementation) will lead to the elab oration of some theoretical and operational coordinates that can be used for each Italian Region, in order to make the 'path' so far traveled (in a bumpy way) a real 'itinerary' (in which the ends are well pursued through the critical re-reading of the existing regulatory and procedural instruments).
L'adeguamento delle fonti regionali alla normativa europea. Dalle disposizioni su recepimento e attuazione alla loro implementazione: un ‘cammino' ancora in cerca di ‘itinerario'
PETTINARI N
2020
Abstract
The question of the transposition and implementation of EU legislation in regional legal orders within the Member States is, at present, the subject of a necessary analysis for the contemporary constitutionalist who deals with legal sources as a research topic. This is all the more true in the context of the so-called “Europe of the Regions”. Although a significant presence of normative provisions aimed at adapting re gional legal sources to the European normative order can be detected in Regional Statutes, in Internal Regulations of the Legislative Assemblies, and in some Procedural Laws (which certifies awareness of the need to regulate the two-way interaction between Regions and European Union about what is of interest here), it appears that in Italian Regions there are critical issues worthy of particular attention. One of the most relevant of these critical elements emerges with particular evidence in relation to the typical profiles of the “periodic implementation model”: first of all the failure to approve the European Regional Law. Some margins for development are, however, conceivable as regards the transposition and implementation based on the modalities of the “occasional model”. The analysis carried out (with regard to both the contents of the normative provisions and their state of implementation) will lead to the elab oration of some theoretical and operational coordinates that can be used for each Italian Region, in order to make the 'path' so far traveled (in a bumpy way) a real 'itinerary' (in which the ends are well pursued through the critical re-reading of the existing regulatory and procedural instruments).I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.