Ascesa, declino e destino degli organi di garanzia statutaria

Abstract

The article analyzes the evolution, challenges, and prospects of the statutory guarantee bodies established following the reform of Title V of the Italian Constitution. These bodies, initially provided for by almost all ordinary regional statutes, were created with the aim of serving as non-essential entities in dialogue with the necessary organs that define the regional form of government. However, their implementation has been uneven: some regions have established and activated them, others have merely included them in their statutes or subsequently abolished them, while some have never introduced them at all. The article examines the legislative development in each ordinary region, also analyzing the dynamics that led to the suppression or non-activation of certain bodies. Regarding the bodies that have been activated and are operational, the article highlights the significant aspects of their advisory output. In conclusion, it proposes an evolutionary solution based on the application of Article 117, penultimate paragraph, of the Constitution, which would ensure greater continuity, efficiency, and quality in the exercise of consultative and guarantee functions, albeit requiring the overcoming of regional parochialism.