The Matter “Alimentation” in the Italian Constitution

The Italian Constitution refers to the alimentation in the third paragraph of Art. 117, qualifying it as a matter under the concurrent legislative power of the State and Regions. In fact, the alimentation is related to agriculture matters, industry and commerce matters, which fall within the residual competence (and therefore, as a rule, exclusive) of the State; but also, with the matter of competition, which is the exclusive competence of the State, and finally with the matter of health protection, also regarding competitor matters under the same Art. 117 of the Constitution. It is an interlacement of competence titles of which, in this work, are in relief in particular two: the protection of health and the protection of free movement of goods, in the belief that the higher-level of interest between the two matters is expressed by health protection. Moreover, the legal framework analysed could change if the referendum scheduled for the autumn of 2016 confirms the project of the constitutional reform under discussion, which foresees the elimination of shared power mentioned in the third paragraph of Art. 117 of the Constitution in favour of a clearer division of matters between the State and Regions.