Il nuovo Senato tra rappresentanza territoriale degli enti costitutivi della Repubblica e rappresentanza degli interessi generali delle rispettive comunità politiche in seno al Parlamento

The overcoming of equal bicameralism outlined in the text of the constitutional reform approved by the Italian Parliament on 12th April 2016, if confirmed by the popular referendum scheduled for October of the same year, will determine the birth of a new Senato della Repubblica representative of local institutions, with functions of connection between the State, other territorial entities of the Italian Republic and the European Union. The second branch of the Parliament will no longer be directly elected by the citizens and will be alienated from the bond of trust that the Italian government will establish only with the Camera dei deputati, representative of the entire Nation and its general interests. In this new differentiated bicameral system, the new Senate, devoid of its original national political identity, will have to build a new identity based on territorial representation. In this essay the reasons why the Senate can effectively build its own specific mission as guardian of the subsidiarity principle, both nationally and in decision-making processes of the European Union are expressed, and some interpretive and implementable solutions of constitutional reform that can encourage this evolution are suggested. Great importance is accorded, in particular, to the introduction into our legal system of a formal motivation of the law, from which detailed evidence is obtained to evaluate the title of regulatory intervention legitimacy and the respect for the principle of subsidiarity.