State Property Federalism and Local Autonomies: The Instruments to Adjust the Inter-institutional Relations in the Transfer of Coastal Assets Belonging to the Ministry of Defence In recent years the lack of reforms in the field of public real estate assets (Articles 822-823 Civil Code) has led to the proliferation of measures to encourage management models in line with EU's programming. The LD. 85/2010 on the transfer of State properties to Regions and provinces has been approved in this context. Region and provinces must be able to manage these properties through real estate investment trusts or publicly owned companies. However, according to the rules on fiscal federalism, the State properties' transfer cannot be applied to devolved territories (Autonomous Regions: Friuli Venezia Giulia, Sardinia, Sicily, Trentino Alto Adige, Aosta Valley; Autonomous provinces: Trento and Bolzano). As a result, a substantial portion of the Defense's estates located in the Alps and in the coastal areas have been excluded from transfer leading to contrasted reactions. By reference to the case of Sardinia, we propose a reflection on the solutions put in place by devolved territories to regulate relations with institutional bodies involved in the transfer of Defense's properties in coastal areas trying not to be excluded from the benefits of the LD. 85/2010.
Federalismo demaniale e autonomie locali: gli strumenti per regolare i rapporti interistituzionali nel trasferimento dei beni costieri appartenenti al ministero della Difesa
COLAVITTI, ANNA MARIA;USAI, ALESSIA
2014-01-01
Abstract
State Property Federalism and Local Autonomies: The Instruments to Adjust the Inter-institutional Relations in the Transfer of Coastal Assets Belonging to the Ministry of Defence In recent years the lack of reforms in the field of public real estate assets (Articles 822-823 Civil Code) has led to the proliferation of measures to encourage management models in line with EU's programming. The LD. 85/2010 on the transfer of State properties to Regions and provinces has been approved in this context. Region and provinces must be able to manage these properties through real estate investment trusts or publicly owned companies. However, according to the rules on fiscal federalism, the State properties' transfer cannot be applied to devolved territories (Autonomous Regions: Friuli Venezia Giulia, Sardinia, Sicily, Trentino Alto Adige, Aosta Valley; Autonomous provinces: Trento and Bolzano). As a result, a substantial portion of the Defense's estates located in the Alps and in the coastal areas have been excluded from transfer leading to contrasted reactions. By reference to the case of Sardinia, we propose a reflection on the solutions put in place by devolved territories to regulate relations with institutional bodies involved in the transfer of Defense's properties in coastal areas trying not to be excluded from the benefits of the LD. 85/2010.
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