La riorganizzazione dei ministeri nel decreto-legge n. 104/2019 (con particolare riferimento alle funzioni in materia di turismo)

The paper examines the re-organisation of some ministerial administrations carried out through the decree-law no. 104/2019. First, it argues that the use of decree-laws combined with atypical secondary sources as legal instruments for ministerial re-organisation undermines the role of Parliament to an extent that may be unconstitutional. In particular, it is discussed how the use of both instruments is inconsistent with the purpose of Article 95, comma 3, of the Italian Constitution, which requires the Parliament to lay down the general principles of ministerial organisation. In the second part, the paper focuses critically on the allocation of the administrative functions in the field of tourism, which the decree-law no. 104/2019 transferred from the Ministry of Food, Agricultural and Forestry Policies to the Ministry of Cultural Heritage and Activities. Since the functions in this field have been frequently moved from a ministry to another in breach of the principle of good administration, the conclusion is that a stabilisation of the administrative setup should be fostered, even if the current allocation may not appear the most logical solution in the light of the Italian institutional system.