Analyzed in this chapter are characteristics of the two main integration processes that Italy has experienced. Firstly, the country’s unification as a nation more than one hundred and fifty years ago. Secondly, and more recently, together with other EU Member States, the constitution of a Legal Order. In both cases, the integration process is not meant to be homogeneous as far as various entities and activities are concerned, nor is it based mainly on general and abstract rules. Rather, it relies on administrative acts and different forms of administrative cooperation. The process of administrative integration of several contexts into unified Italy as a kingdom, from 1865, shows recurring asymmetry because of the multiple levels of integration needed – something that was achieved by involving many different institutions in that process. Likewise, the ongoing European Union integration process is not resulting from one single relationship, but from a number of parallel relationships between various institutions working in different sectors, and pursuing integration by devising and following their own path and timing. In the newly unified Italy the administrative integration process was not always structural (as for ministries, etc.), and sometimes it was only functional (as for the authorities of each jurisdiction, central banks, etc.). However, it cannot be claimed that structural integration was less effective than functional integration. Indeed, the 1865 Unification Laws of Italy are thoroughly studied and celebrated, and rightly so. Yet, their impact onto the newly unified country was limited because of their abstract definition, which required subsequent asymmetrical activities by administrative bodies to put them into practice, thus make them effective. Examining the approach adopted by the Italian administrative bodies after 1865 as a case study, we may argue that only a closer cooperation among national and European institutions would allow them to succeed in pursuing the shared goal of integration. All this regardless of whether that integration takes place through traditional instruments (such as the controls that used to be performed by the prefect in Italy, but are now a prerogative of the EU Court of Auditors) or network organisations (such as ETCGs, transnational purchasing groups, or cross border central purchasing bodies). A parallel between the two different administrative integration processes outlined here will be drawn and discussed in this chapter.

The plurality and diversity of integration models: the italian unification of 1865 and the european union ongoing integration process

Roberto Cavallo Perin;Gabriella M. Racca
2021-01-01

Abstract

Analyzed in this chapter are characteristics of the two main integration processes that Italy has experienced. Firstly, the country’s unification as a nation more than one hundred and fifty years ago. Secondly, and more recently, together with other EU Member States, the constitution of a Legal Order. In both cases, the integration process is not meant to be homogeneous as far as various entities and activities are concerned, nor is it based mainly on general and abstract rules. Rather, it relies on administrative acts and different forms of administrative cooperation. The process of administrative integration of several contexts into unified Italy as a kingdom, from 1865, shows recurring asymmetry because of the multiple levels of integration needed – something that was achieved by involving many different institutions in that process. Likewise, the ongoing European Union integration process is not resulting from one single relationship, but from a number of parallel relationships between various institutions working in different sectors, and pursuing integration by devising and following their own path and timing. In the newly unified Italy the administrative integration process was not always structural (as for ministries, etc.), and sometimes it was only functional (as for the authorities of each jurisdiction, central banks, etc.). However, it cannot be claimed that structural integration was less effective than functional integration. Indeed, the 1865 Unification Laws of Italy are thoroughly studied and celebrated, and rightly so. Yet, their impact onto the newly unified country was limited because of their abstract definition, which required subsequent asymmetrical activities by administrative bodies to put them into practice, thus make them effective. Examining the approach adopted by the Italian administrative bodies after 1865 as a case study, we may argue that only a closer cooperation among national and European institutions would allow them to succeed in pursuing the shared goal of integration. All this regardless of whether that integration takes place through traditional instruments (such as the controls that used to be performed by the prefect in Italy, but are now a prerogative of the EU Court of Auditors) or network organisations (such as ETCGs, transnational purchasing groups, or cross border central purchasing bodies). A parallel between the two different administrative integration processes outlined here will be drawn and discussed in this chapter.
2021
The changing administrative law of an EU member State
Springer e G. Giappichelli
--
Unico
5
22
978-3030507794
https://doi.org/10.1007/978-3-030-50780-0
integration models, legal order, European institutions, administrative law
Roberto Cavallo Perin ; Gabriella M. Racca
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2318/1767291
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