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Italian Regionalism and the Federal Challenge

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Italian Regionalism and the Federal Challenge Italian Regionalism and the Federal Challenge Erika Arban Thesis submitted to the Faculty of Graduate and Postdoctoral Studies in partial fulfillment of the requirements for the Doctorate in Philosophy degree in Law Faculty of Law Common Law Section University of Ottawa © Erika Arban, Ottawa, Canada, 2015 ABSTRACT This thesis takes as its point of departure the debate on federalism that emerged in Italy in the years preceding the unification of 1861 and that resumed in the early 1990s, a debate mainly revolving around the profound socio-economic differences between the North and the South of the country. Torn between continuous centripetal and centrifugal forces, but not characterized by ethnic connotations, the Italian regional model implemented with the 1948 constitution and strengthened in 2001 elicits questions that intersect with topical debates engaging scholars across the globe, and displays features that have the potential to stimulate fruitful discussions both inside and outside Italian borders. While the present state of Italian regionalism remains ambiguous, the Italian regional model distils lessons coming from different theoretical experiences, including federalism, sub-state nationalism, and the European unification process. Therefore, it can be seen as an innovative experiment crafted by those who were looking for a compromise between unitary and federal schemes. Adopting a theoretical framework combining literature on federalism, regionalism and sub-state national theory, this thesis addresses a number of questions that help fill a gap in scholarship. The thesis discusses the relationship between federalism and regionalism, arguing that regionalism is an overarching term that incorporates diverse experiences; consequently, the regional state paradigm to which Italy is usually associated is just one of the many shapes that regionalism can take. The research also identifies the elements enabling us to differentiate between a federal and a regional model, as well as the advantages of opting for a regional scheme (as opposed to a federal one). The socio-economic tensions between the North and the South of Italy offer the ideal basis to discuss non-national differences, an expression used to indicate political and socio-economic communities located within a geographical territory displaying some de facto asymmetries compared to the state-wide community, seeking some form of acknowledgement of their specificity. The thesis argues that national differences (e.g. differences based on linguistic, religious or other cultural issues) are not the only ones requiring attention, and it identifies a number of legal and constitutional stratagems that could be used to address non-national difference. Also, the recognition of non- national difference may also help find a solution to issues regarding sub-state national recognition. Finally, the thesis tries to find a point of reconciliation between federalism and solidarity, particularly in the context of non-national difference. The Italian regional experience serves once again as the point of departure to discuss whether federalism and solidarity are conflicting ideas, and to open a discussion regarding the exact contours of solidarity, especially in its horizontal understanding. ii ACKNOWLEDGEMENTS Writing a PhD thesis is an extraordinarily enriching experience that opens unexpected doors of knowledge; it is also a process of growth, not only professional or academic, but also personal. The main lesson that I have learned in these years as a doctoral student is that, as human beings, we have unlimited resources within us and an inner capability of pushing ourselves beyond all limits when given the right tools. However, this PhD would not have been possible without the help and support of a number of people who, in one way or the other, have helped me overcoming the many obstacles or just inspired me to continue even when it would have been so easy to quit. First of all, I would like to thank my thesis supervisor dr. Peter Oliver for his support and encouragement to my research, for his continuous guidance throughout the program, for his patience and always constructive criticism, for sharing his views on several issues discussed in the thesis, and for always being there to listen and provide invaluable advice on both research and career. I am also truly grateful to the numerous professors of the University of Ottawa with whom I had the privilege to work: thank you for your trust and for contributing to my growth as a researcher. Only those who go through the same path can fully understand the challenges, frustrations but also the many rewards and blessings of doctoral studies. My heartfelt thanks goes to my PhD colleagues Julia, Beto, Siobhan, Alessandra, and Aurelie: knowing that I could always count on you to share my experiences, and your unconditional encouragement and friendship have been so meaningful to me. To Lise, Marcelo, Gabriella, Flavia, Tanja, Raffaella, Dajana, Luca, Romolo and all the other friends in Ottawa, the United States, and Europe: I know that during these past few years I have often been inaccessible and distant, but my decision to pursue doctoral studies was also influenced, in one way or the other, by the many conversations we had together long time ago. Thank you for challenging me, for believing in me and for always being on my side. I would also like to thank all the students I had the pleasure to meet during the various courses I taught at the University of Ottawa: the respect they showed to me, their enthusiasm, energy and constructive criticism have been so decisive in my resolution to pursue an academic career and become a university professor. Finally, I would like to thank my parents for having instilled in me the love for knowledge and education and for never preventing me to pursue my dreams. I know that all these years far from home have not been easy, so thank you for your love and unconditional emotional and logistic support. I dedicate this thesis to the loving memory of my late grandmother Olga. I know it will make her very proud of me. iii TABLE OF CONTENTS Abstract ii Acknowledgements iii Table of contents iv Introduction to the thesis 1 PART I – THE THEORETICAL FRAMEWORK: FEDERALISM, REGIONALISM AND SUB-STATE NATIONAL THEORY CHAPTER I – AN INTELLECTUAL HISTORY OF FEDERAL THEORY AND NEW FEDERAL ARRANGEMENTS Introduction 32 Section I – An intellectual history of federal theory 36 1. Defining concepts and historical framework 36 2. The emergence of federalism in modern times 40 Section II – Exploring federalism and federal schemes 66 1. Federalism as a spectrum of federal possibilities 66 2. Common elements of federations 69 3. New federal arrangements 74 4. Asymmetrical federations 80 5. Multinational federations 82 6. Dynamics of federalism 84 Conclusion 87 CHAPTER II – THEORIES OF REGIONALISM. THE REGIONAL STATE AND THE ITALIAN CASE STUDY iv Introduction 88 Section I – Theories of regionalism 94 1. Preliminary remarks 94 2. Defining regionalism 96 3. Elements identifying a regional state 104 4. The regional state as a “quasi-federal” model 120 Section II – The Italian debate on the regional state 124 1. Preliminary remarks 124 2. The “Italian way” to federalism 127 3. Is there a federal “seed” in the Italian constitution? 128 4. The use of classic federal theory to analyze the Italian experiment 130 5. The lack of “federal culture” in Italy 131 6. Unitary federalism: an oxymoron? 132 Conclusion 133 CHAPTER III – THEORIES OF SUB-STATE NATIONALISM. PADANIAN NATIONALISM Introduction 135 Section I – Theories of sub-state nationalism 139 1. Some preliminary remarks 139 2. Definition of a plurinational state 141 3. Challenges of a nation state 147 4. How sub-state nations seek accommodation 150 5. Constitutional accommodation 154 6. Conclusion 162 Section II – An Italian case study: Padanian nationalism 163 v 1. The origins of the Northern League 164 2. Padanian nationalism 168 Conclusion 178 PART II – THE ANALYTICAL FRAMEWORK: PAST, PRESENT AND FUTURE OF ITALIAN REGIONALISM AND OF THE FEDERAL IDEA IN ITALY CHAPTER IV – HISTORY OF THE ITALIAN FEDERAL THOUGHT FROM THE RISORGIMENTO TO THE 1948 CONSTITUTION Introduction 181 Section I – Federalism in the pre-unitary period 183 1. The historical context 183 2. Federalism in the XIX century 186 3. Carlo Cattaneo and his federal vision 188 Section II – The 1861 unification and the formation of the Italian state 198 1. The unification process: administrative unification 198 2. The Statuto Albertino 200 3. The debate over the creation of regions 202 4. The aftermath of Italian unification 203 5. Gaetano Salvemini and the “Southern question” 204 6. Catholic church and local self-government 209 7. The first post-war period 210 8. The post-fascism period 212 An enduring riddle: why do states emerge as federations? 214 Section III – The 1948 constitution and the Italian regional state 216 1. The constituent assembly 216 2. The 1948 constitution. The regional state 218 vi 3. Special and ordinary regions 221 4. The actual implementation of the regional model in the 1970s 225 Conclusion 229 CHAPTER V – THE 2001 CONSTITUTIONAL REFORM: BEFORE AND AFTER Introduction 230 Section I – Before the 2001 constitutional reform 231 1. A new federal vision: the resurgence of federal ideas in Italy 231 2. The bicameral commission 237 3. The restructuring of public administration 240 4. Other pre-2001 reforms 241 5. Provisions on the functioning of regions 242 Section II – The 2001 constitutional reform (articles 114-120 and 127 Const.) 251 1. Introduction 251 2. The component units of Italian regionalism (article 114 Const.) 252 3. The abrogation of article 115 Const. 255 4. Differential regionalism (article 116 Const.) 256 5. The division of legislative powers (article 117 Const.) 258 6. The principle of subsidiarity (article 118 Const.) 264 7. Fiscal federalism (article 119 Const.) 265 8. Substitution powers (article 120 Const.) 267 9. The so-called “federalist principle” (article 127 Const.) 268 10.
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