Abstract (in inglese)
The contribution intends to analyze the relationship between constitutionalism and insularity in the light of the reform of the art. 119 of the Constitution, introduced by the constitutional law of 7 November 2022 n. 2, identifying the most problematic formal and substantial aspects. After having described the normative evolution of the insular phenomenon (and the link with the southern question) from the debate in the Constituent Assembly to the reform of Title V, an attempt will be made to understand the constitutional reasons suitable for justifying a favor insulae with respect to continental areas. The continuing delay in socio-economic development connected with insularity has also been dealt with by constitutional jurisprudence with sentence n. 6/2019.
The analysis cannot ignore the legal regulation of the islands in international and European law (articles 174, 349 TFEU) but above all the comparison with the legal status reserved for the insular and overseas territories in France, Spain and Portugal. The reformed art. 119 of the Constitution, in order not to remain an unimplemented rule, must necessarily be read in conjunction with the principle of substantial equality (art. 3 Cost.), with the principle of unity and indivisibility of the Republic (art. 5 Cost.) and with the same freedom of movement for all citizens in any part of the national territory (art. 16 Cost.). The constitutional right to equal and just insularity is thus configured as a social right in the strict sense, suitable for guaranteeing the essential levels of services throughout the national territory. It therefore remains to be asked how the return of the islands to the Constitution launched during the XVIII legislature will impact on the reform of the differentiated autonomy currently under discussion and what the effects will be in the long-medium term.