Le materie di potestà legislativa concorrente

In this essay, the author started from the analysis of the important volume edited by Professors Raffaele Bifulco and Alfonso Celotto, about the State and Regions legislative competence after the 2001 constitutional reform. In particular it has been analyzed the evolution of the legislative concurrent competence between State and Regions, the problems that this competence has highlighted in old title V of second part of the Constitution and the solutions that the 2001 legislature has attempted to introduce. The author has considered three matters of concurrent legislative competence, which has produced several interpretative doubts in several case laws in front of the Constitutional Court. The author has seen how a certain number of general problems regarding the concurrent legislative power have not unfortunately been resolved with the reform of 2001. For example, you can think about the problem of identification of fundamental principles of the single matters; about the problem of repeal of regional laws when a new state law of fundamental principles is adopted; finally, you can think about the problem of the possibility for the State legislature to regulate not only the fundamental principles of a single matter, but also the part regarding the detail of the matter. The author has pointed out that, unfortunately, the recent constitutional reform approved by Parliament could not solve the problems mentioned, but it could indeed open new and different problems. For example, it does not seems to disappear the legislative concurrent competence, but it seems somewhat hidden in several matters of exclusive legislative competence of the State; it seems that are assigned to the regions the legislative powers that they already had in 1948; finally, with the provision of a supremacy clause, the reform provides the possibility for the State to take fully possession of the regional legislative competences.