Problematiche evolutive del regionalismo fra (incertezze della) riforma costituzionale e contrasto della pandemia

Abstract

Evolving issues of regionalism between (uncertainties of) constitutional reform and countering the pandemic effect – The paper analyzes the recent evolutions of regionalism regarding the phase consequent the revision of Title V of the Constitution. In this perspective, the problems posed by the innovative distribution of legislative powers between the State and the regions and by the full implementation of the regional reform are particularly relevant (especially art. 119 of the Constitution on fiscal federalism and art. 116 of the Constitution about differentiated regionalism). With respect to the original and implementation limits of the reform, the paper focuses and examines some problems posed by the division of competences between the State and the regions. In particular, the paper analyzes the competing competence in the field of health protection. This competence is examined in the light of the most recent constitutional jurisprudence about measures to combat the pandemic from Covid- 19, in the same perspective as a (desired) reorganization of the structure of competences in the matter, in the perspective of the effectiveness of the right to health as a fundamental social right, and with it respect for the unitary principle (art. 5 of the Constitution) with respect to the limits highlighted in the concrete practice of regionalism.