Abstract

The article looks at the historical and legal evolution of early childhood servicesand highlights how their place in the legal system has changed consequently to the change of their social and pedagogical function. From their interpretation as charitable and welfare services assigned to Regions and local authorities, those services have been more and more understood as fulfilling an educational and instructive function.
Therefore, early childhood services seem to have evolved from «public charity» to «education» (both intended as subject matters of the Italian Constitution), also thank to the fundamental role played by the Constitutional Court in this transition. At the same time, some problems related to state and regional competences – today still unresolved – have emerged. These issues have had a negative impact on the early childhood services’ overall system and have affected the quality of these services and the State’s general capacity to implement a shared and innovative project for early childhood education and care.