Cristina Napoli

About the successive incompatibility with the Constitution of the intersubjective administrative delegation

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Abstract

The essay explores the issue of the compatibility with the Constitution of the delegation of administrative functions between territorial autonomies following the entry into force of constitutional statutes n. 1/1999 and 3/2001. The occasion to return to this question is offered by sentence no. 189/2021 with which the Constitutional Court declared the constitutional illegitimacy of a regional legislative provision (article 6, paragraph 2 of the law of the Lazio region no. 217/1998) which had delegated to the municipalities certain administrative functions already assigned by the state legislator at the regional level.

Keywords

  • territorial autonomies
  • administrative functions
  • intersubjective administrative delegation

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