Degiurisdizionalizzazione delle controversie bancarie e sussidiarietà orizzontale. Una proposta ricostruttiva

The present paper deals with the question of the spread of alternative dispute resolution tools in accordance with the principle of horizontal subsidiarity re- ferred to art. 118 of the Constitution. More over, after identifying and defining the scope of the mentioned principle, it has to be assessed that the provision of a system for out-of-court settlement of bank disputes implies, according to the logic of horizontal subsidiarity, the attribution to the litigants the power/duty to attempt a preliminary resolution.