Nota sobre la frustrada reforma constitucional italiana de 2006

Abstract

The constitutional reform of the Italian regional system began with the constitutional Laws during the XIII Legislature, under governments of center-left (1999-2001). These reforms has meant a change in the legal nature of the regional Statues; they have incorporated new contents in the Statues, as it is the case of the chapters that regulate the beginnings and laws and the regional organs of statutory guarantee; they have meant a modification of the system of distribution of competences, in a logic that is nearer to the federal model; they have suppressed the control of opportunity for the State of the NOTA SOBRE LA FRUSTRADA REFORMA CONSTITUCIONAL ITALIANA DE 2006 227 6 CARETTI, P.: «Una seconda reforma peggiore della prima: note critiche Della reforma del Titolo V della Costituzione», Le Regione, 2004. RUGGERI, A.: «Reforma del titolo V, procedimento legislativo regionale e teoria delle fonti», in Rassegna parlamentaria, 2004. arrangements and acts of the Regions, have maintained the distinction between regions of special and ordinary regime and, have regulated the regional participation in the international and European matters. In front of this schema strengthened of constitutional reform, the new modification of the Constitution carried out from 2004 by the Government of center-right presided over by Berlusconi introduced important changes, theoretically of more federal character that, however, were refused in the referendum of 2006. The most relevant changes were the following ones: the configuration of the Senate according to a federal structure of the State; the organization of the competences granted attributions on the subject of health, school teaching and regional and local administrative police to the new Regions; a substantial modification of the relations between the Parliament and the Government to which it has given impulse to the Italian doctrine to consider it the form of government that with that it was modified. And other modifications that were suggested in the frustrated reform were: the deletion of the popular legislative initiative, the recognition of the independent administrative authorities and the defense of the local autonomy. 228 MARC CARRILLO