The Constitutional Court partially accepted the appeal against thedifferentiated autonomy of the Regions with ordinary statute presented by Puglia, Tuscany, Sardinia and Campania. The general structure of the text remains in force, but important parts of it have lapsed, such as the attribution of competences to the Regions and the definition of the Lep, i.e. the essential levels of performance.
Differentiated autonomy to be rewritten
Intervening on law n.86 of 26 June 2024, i.e. the ddl Calderoli published in the Official Gazette n.150 of 28 June 2024, the Consulta declared unconstitutionaland has therefore deleted a series of points of differentiated autonomy.
The robes invited Parliament to intervene to fill the regulatory gap created in the law on devolution of competences from State to Regions.
Prime Minister Giorgia Meloni and Deputy Prime Minister Matteo Salvini.
The points declared unconstitutional
First of all, it is not possible for the agreement between the State and the Regions, together with the differentiation law, to transfer entire subjects or areas of competence. The Court believes that they must transfer solo specific functions legislative and administrative, justified case by case for each Region, according to the principle of subsidiarity.
The judges then held limiting of the role of the Parliament the granting of a legislative delegation for the determination of the essential levels of services concerning civil and social rights (Lep). The delegation, in fact, is attributed to the powers of the Government.
The Council deems it unconstitutional that it is a decree of the President of the Council of Ministers to determine theupdate of the Lep.
The part which provides for the possibility of modifying the tax revenue sharing rates by interministerial decree has been removed state taxesforeseen to finance the transferred functions, in the event of a discrepancy between the spending requirement and the trend of the same revenue; the prediction could lead, in fact, to prizes for inefficient Regions.
The passage which provides for the faculty (and not the duty) for the Regions in compete to the objectives of public finance. For the robes this is a violation of the bonds of solidarity and unity of the Republic.
The judges contested the extension of the legislation to Regions with special statuswho instead can always resort to the procedures provided for by their statutes to obtain greater forms of autonomy.
The political reactions
For Luca Zaia, president of Veneto, despite the excerpts “the Constitutional Court confirmed the legitimacy of the law on differentiated autonomy, establishing once again that our path is in line with the Constitution. A historic passage for Veneto and for the whole country”.
This is the comment of the president of Puglia Michele Emiliano (among the signatories of the appeal): “We have defended the unity of the Republic and the equality of the Regions and Italian citizens. The Calderoli law, as conceived by the Government, has been completely deconstructed and technically no longer exists.”
The political leader of the M5S, Giuseppe Conte, comments by saying that “the Court is stopping the project of Meloni, Salvini and Tajani to tear Italy apart”.
Democratic Party leader Elly Schlein is caustic: “Salvini gives a Constitution to Meloni and they read it together.”
Photo source: IPA
Source: notizie.virgilio.it
