LA PRASSI DELLA CONTRATTAZIONE TRA STATO E REGIONI NEI GIUDIZI IN VIA PRINCIPALE. QUANDO I GOVERNI 'NEGOZIANO' IL CONTENUTO DELLE LEGGI: PROFILI CRITICI E PROSPETTIVE DI RIFORMA

This essay investigates one of the most controversial aspects of the relationships between the Italian State and the Regions defined by the italian doctrine as “contrattazione di legittimità”, which refers to the negotiation of regional laws in order to overcome the objections of legitimacy raised by the Government. A significant part of the conflicts before the Italian Constitutional Court deals with this aspect which is evident in the numerous decisions with which the Court declares the proceeding or the contested subject matter terminated. This research looks into the ways in which this negotiation takes place highlighting at the same time its main issues. The analysis is also aimed at proposing suitable solutions for a system, like the Italian one, which lacks institutions where the state and the regional legislators can effectively cooperate. In so doing, a moment will be dedicated to the recent attempt of constitutional reform and to its ability to put an end to the ongoing conflicts between State and Regions.