The Government has definitively approved the Autonomy Reform which implements the possibility of recognizing different levels of autonomy to the various Italian Regions with ordinary and special statutes and to the Autonomous Provinces of Trento and Bolzano. This is a purely procedural law implementing the reform of Title V of the Constitution approved over 20 years ago in 2001. But what autonomy is granted to the regions?
In 11 articles, the reform defines the legislative and administrative procedures for the application of the third paragraph of article 116 of the Constitution. That is, it regulates the procedures for agreements between the State and those Regions that decide to request a differentiated level of autonomy compared to the other Regions in 23 matters. Before submitting the request, each individual Region must acquire opinions from Municipalities, Provinces and regional bodies in its territory.
23 subjects of differentiated autonomy
Among the subjects of differentiated autonomy there are, among others: health protection, education, sport, environment, energy, transport, culture and foreign trade. There are fourteen subjects defined by Lep, Essential Performance Levels.
Ten-year agreements in 5 months between the State and the Regions
The State and individual Regions will have 5 months from the Region’s request to reach an agreement. The agreements can last up to 10 years and then be renewed. They may be interrupted before expiry by the State or Region with at least 12 months’ notice.
Determination of essential performance levels (LEP)
The recognition of one or more “forms of autonomy” is subordinated to the determination of Lep: criteria that determine the minimum service level that must be guaranteed uniformly throughout the entire national territory. The determination of costs and standard needs, and therefore of the Lep, takes place on the basis of a survey of the historical expenditure of the State in each Region in the last three years.
Decrees on LEP
Within 24 months of the entry into force of the law approved today, the national government will have to pass one or more legislative decrees to determine the levels and amounts of the Lep.
Transfer of State functions to the Regions
The transfer will be possible only after the determination of the Lep and within the limits of the resources made available in the budget law. Without determination by Lep and their financing it will not be possible for a Region to obtain a greater level of Autonomy.
National control room of the Government
A control room of the national government will have to carry out periodic reconnaissance of the regulatory framework in relation to each administrative function of the state and of the ordinary regions and identify subjects or areas of subjects relating to the Lep on civil and social rights which must be guaranteed in the same way throughout the National territory. All the competent ministers are members, assisted by a technical secretariat at the Department of Regional Affairs and Autonomy of the Presidency of the Council.
Safeguard clause
The national government can replace bodies of regions, metropolitan cities, provinces and municipalities when it verifies their non-compliance with international treaties, community regulations or finds a serious danger for public safety including the guarantee of civil and social rights and it is necessary to protect legal unity. or the economic one of the Republic
