Proponiamo due articoli sulla crisi istituzionale italiana degli ultimi giorni, pubblicati sul blog verfassungsblog.de. Di seguito l’articolo a firma di Marco Dani, Professore di Diritto pubblico comparato dell’Università di Trento.
The “Savona Affaire”: Overconstitutionalization in Action?
by Marco Dani
As is well known, Italy is undergoing an institutional crisis sparked by President Mattarella’s veto on the composition of the prospective Italian government. The apparent cause of the crisis is the choice of Paolo Savona as Minister of the Economy. From a constitutional perspective, several considerations may be made. Diletta Tega and Michele Massa have already published a balanced and informative entry in this blog. We find their legal arguments persuasive, although we lean to the view that there is a disproportion between the proclaimed ends and the chosen means. It would have been more fitting, as has been argued, that the Head of State would have accepted the new government while exerting an special vigilance over the potential conflicts between the policies being implemented and the Italian Constitution, along the lines of Article 74 of the Italian Constitution (for a more elaborate version of the argument, see here). In this entry, we approach the issue from yet another perspective. Our goal is to set the “Savona affaire” in its broader EU context. In many ways, this episode is revealing of the democratic limits of the European constitutional architecture and institutional culture. Following Dieter Grimm, we claim that the events here analysed reveal the extent to which the EU legal framework is overconstitutionalised and the democratic costs and risks inherent in this legal and political order.