Piccoli comuni e obbligo di gestione associata dei servizi (nota a ordinanza del Tar Lazio n. 1027 del 2017)

With order no. 1027 of 2017, the Regional Administrative Court of Lazio has raised before the Italian Constitutional Court the question of legitimacy of the rules of Low Decree no. 78 of 2010, converted by Low no. 122 of 2010, better known as “legge Calderoli”, which force the small Municipalities to manage their fundamental functions in an associated form. The order of the Italian administrative judge brings back the problems of the small Municipalities, their structural weaknesses and the need for their reorganization. The article, after having examined the order, focuses on these structural weaknesses and on the possible remedies provided by the Legislative Decree no. 267 of 2000 (Consolidation Act of Local Authorities) and by Law no. 158 of 2017, recently approved by the Italian Parliament, which has introduced measures for the small local entities.