IL DIRITTO ALL'ISTRUZIONE. STATO DI ATTUAZIONE E FINANZIAMENTO DEL SISTEMA NELLA PROSPETTIVA DEL FEDERALISMO FISCALE

The present contribution intends to define the meaning of constitutional prescriptions related to the social right to education and to identify the current role of this right as it results from the recently started reformation processes which are modifying the overall educational system features. Particularly, it defines the present regulatory framework and the structure of the distribution of the competences due to 2001 constitutional Reform, in the light of the constitutional jurisprudence. Besides the definition of the notion of “right to education” and of its components, the analysis focuses the attention on its concrete uses, with particular regard to the actuation of the said right as it is realized by the regional government. Finally, this dissertation analyses the funding system of Italian school, up to now mainly state centered, to find out who has at his disposal the financial and human levers. As a conclusion, the compatibility regarding the transfer of the function from the State to the local administration (fulfilled or not) has been verified as to the present funding system and the attribution of the availability of the levers to the various level of governance, also in prospect of the complex reform process, named “fiscal federalism”.