During the morning of June 19, 2024, the House of Representatives has definitively approved bill no. 615, concerning thedifferentiated autonomy from the Regions with ordinary statute, with 172 votes in favor and 99 against. This legislative measure represents the culmination of a process political-legislative started in 2017, marked by two at the time consultative referendums in the regions Lombardy And Veneto. The bill is procedural in nature and serves to implement changes to the Title V of the Constitution. Through its 11 articles, it establishes the procedures legislative And administrative necessary to apply the third paragraph of thearticle 116 of the Constitutionwhich concerns matters of concurrent competence between State And Regionsas outlined inarticle 117, paragraph 3.
A crucial aspect of the law is attention to essential performance levels (LEP)which establish the criteria to determine the minimum level of service that must be guaranteed uniformly throughout the National territory. The definition of costs and gods standard needs it is based on an evaluation of the historical expenditure of the State for each Region, analyzed in detail over the last three years.
The premise of the legislative text clarifies in detail the objectives pursued, mainly focused on the valorisation of theregional autonomy. This objective is realized through simplification and theacceleration of the procedures, realizing the principle of administrative decentralizationand aiming to eliminate all forms of inequality economical, social And territorial at a national level. The achievement of this purpose occurs through the development of aunderstanding between him State and the Region concerned. This process begins with a formal request from the Region and develops through an in-depth negotiation process involving the Governmentboth Houses of ParliamentThe Local societies and the President of the Regional Council involved.
The legislative provision precisely defines the procedures for establishing agreements between the State and the Regions which require thedifferentiated autonomy in specific matters, such as protection of Health, instruction, sport, environment, power, transport, culture And foreign trade. These agreements between State And Region must expressly indicate the duration of the agreement, which cannot exceed ten years, and are subject to Automatic Renewal in the absence of contrary communications from the entities involved. Furthermore, there is the possibility of terminating the agreement by means of a resolution of the Roomsapproved with an absolute majority.
The transfer of functions to Regions initially presupposes the definition of THE P of reference. These levels are subject to periodic reviews through decrees of President of the Council of Ministers (DPCM)depending on the limits and variations in the financial resources allocated by the budget laws. If the update of the THE P entails additional costs for the public financethe implementation ofregional autonomy will have to wait for the approval and entry into force of the provisions that allocate the necessary resources. Furthermore, the law gives an explicit delegation to the Government so that, within 24 months of the entry into force of the law, it adopts one or more legislative decrees to establish the minimum essential levels.
To prevent economic imbalances between Regions resulting from the differentiated adoption ofautonomythe legislation provides measures equalizing. These are intended for territories that do not join thedifferentiated autonomy and consist of providing additional financial resources. These resources are specifically allocated for the financing of the services and functions for which the transfer is envisaged.
Once compliance with the THE Pthe Regions can proceed quickly with the request for transfer of the eight subjects that are not subject to essential limits. These include level reports community And internationalThe foreign tradethe professionsthe civil protectionthe supplementary pension And integrativeThe coordination of public finance and of the system taxas well as the management of rural banks and of credit companies of a regional nature, including land credit institutions And agricultural.
The closing provision of the bill introduces an escape clause which gives the government The substitutive power towards the bodies of regionsfrom the metropolitan citiesfrom the provinces and gods common. This intervention is permitted if Local societies are in default of the obligations deriving from international treaties or legislation communityor in situations of serious danger to the public security. Government intervention is also justified by the need to preserve the legal and economic unity of the country, with particular attention to the protection of essential levels of performance relating to civil rights And social.
In conclusion, while i THE P uniforms are designed to guarantee equality of services offered to citizens throughout the country, from North to South, the actual uniformity of services will depend significantly on the funding that State will be able to allocate. This is crucial to reduce current disparity and ensure that all citizens enjoy the same level of civil rights And socialin accordance with the principles ofarticle 119 of the Constitution. Therefore, the effective implementation of THE P requires not only a legislative commitment, but also adequate financial support to achieve a real one territorial equity.