Abstract

In 2016, with its groundbreaking judgment no. 251, the Italian Constitutional Court ruled that the principle of loyal cooperation requires the pursuit of an agreement between the state and the regions already at the drafting stage of delegated legislative decrees. This need for cooperation occurs in instances where the delegation concerns inextricably linked state and regional matters. This article now examines the follow-up to that decision. The mandatory involvement of the regions in the drafting of state legislation occurs only in the event of «competition of competences», and only insofar as the state intervenes by means of delegated legislative decrees (and not when it resorts either to the formal law of Parliament, or to the decree law). It is noted, and deemed to be negative, that uncertainties continue to exist regarding the identification of the prerequisite – the «competition of competences» – which makes it necessary to seek the agreement of the regions in the legislative procedure. Finally, the article criticizes judgement no. 169 of 2020, which essentially represents a departure from the basis for the decision of judgement no. 251 of 2016.