CATANZARO The Chamber of the Chamber has therefore definitively approved the bill containing provisions for the implementation of theDifferentiated autonomy of the Regions with ordinary statute pursuant to article 116, third paragraph, of the Constitution. The measure, a government initiative, presented by Minister for Regional Affairs and Autonomies, Roberto Calderoli, and already approved by the Senate last January, is composed of eleven articles and aims to define the general criteria for the attribution to the Regions with ordinary statute of further forms and particular conditions of Autonomy for the modification and revocation of the same, as well as the related procedural methods for approving agreements between the State and a Region. The text calls for respect for national unity and the principles of legal and economic unity and economic, social and territorial cohesion, also with reference to insularity, and the implementation of the principle of administrative decentralisation, providing that the attribution of functions in the matter, relating to civil and social rights which must be guaranteed equally throughout the national territory, is permitted subject to the determination of the essential levels of performance, the so-called Lep. Levels that are defined as the core of the services that must be provided throughout the national territory. It is established that the Region will decide on the request for further forms and particular conditions of Autonomy. This request is sent to the Prime Minister and the Minister for Regional Affairs and Autonomies, who has the task of starting negotiations with the Region concerned. Before the start of negotiations, the government informs Parliament and the Permanent Conference for relations between the State and the Regions of the initiative. It is provided that the President of the Council of Ministers can limit the subject of the negotiation to certain subjects. The preliminary outline of understanding is sent to the Unified Conference, for the expression of the opinion, to be given within 60 days. After the Joint Conference has given its opinion, the preliminary draft agreement is immediately sent to the Chambers, which express their opinion on the matter with guidance documents. Having evaluated the opinion of the Unified Conference and on the basis of the policy documents issued by the parliamentary bodies, the Prime Minister prepares the definitive outline of understanding. This scheme is sent to the interested Region, which approves it. Within 45 days of the notification of approval by the Region, the Council of Ministers decides on the definitive agreement. The agreement is finally signed by the president of the Council of Ministers and the president of the regional council.
The procedures for Leps
Furthermore, the procedures for defining the essential levels of performance are outlined and the executive is delegated to adopt, within 24 months from the date of entry into force of this provision, one or more legislative decrees for the identification of the Lep. It then specifies which matters can be attributed to the Regions, in reference to which the legislative decrees will determine the essential levels of performance. It will always be up to legislative decrees to indicate the procedures for monitoring the effective guarantee, in each Region, of the provision of the essential levels of services that must be offered in conditions of efficiency in the use of resources. The text establishes that the Lep can be periodically updated, also in order to take into account the need for adjustments due to changes in the socio-economic context or the evolution of technology. The costs and standard requirements are determined and updated, at least every three years, by decree of the Prime Minister. Article 4 regulates the transfer of functions relating to subjects or areas of subjects relating to the essential levels of performance, establishing that this transfer can only proceed after the determination of the same Lep and the related costs and standard requirements. If the determination of the essential performance levels results in greater burdens on public finances, the transfer of functions can only be carried out after the necessary financial resources have been allocated. Resources aimed at ensuring the same essential levels of performance across the entire national territory, including the Regions that have not signed the agreements. Agreements which must be for a period not exceeding ten years and which may be modified, on the initiative of the State or Region concerned, also on the basis of policy documents adopted by the Chambers. And again, the invariance of the proportionality of the resources to be allocated to each of the other Regions is guaranteed, as well as equalization for the territories with lower fiscal capacity per inhabitant. Thanks to the joint State-Region-Local Autonomies commission, the State will be able to guarantee an annual verification of financial charges precisely to guarantee the exercise of functions and possibly provide for a new allocation of resources.
What changes for the Regions
Having exposed the text of the Bill, here are some considerations, especially on the risk faced by territories such as Calabria. The Regions will have additional powers compared to the current situation, based on the agreements agreed with the State. According to the opponents of the reform, the Regions with greater spending capacity – and Calabria is obviously not among these – will be advantaged, and this will generate greater inequalities in the country, with substantial differences even between areas with greater urban concentration and inland and mountain areas. The risk, according to the Democratic Party, is that “by crystallizing inequalities, the areas that are currently weakest on an economic level will be made even weaker”. According to the centre-right majority this is false, because essential rights will still be guaranteed. But the doubts all remain, frankly.
What are Leps
To ensure that there are no substantial differences between the Regions in the provision of services and benefits, the law therefore provides that the State, before granting autonomous functions, define the Lep, the “Essential Performance Levels”, that is, the minimum level of services to be guaranteed to the citizen in a uniform manner throughout the national territory. Furthermore, to avoid economic imbalances between the Regions that choose autonomy and those that do not, the bill provides for equalization mechanisms. It is provided that even the Regions that do not request the transfer of competences will be transferred resources equal to those of the Regions that do request it. However, this must happen “consistently with the planned public finance objectives and budget balances”. In practice, say the opponents of the reform, it is a “spending invariance” clause, which shows that in the Bill there are no economic guarantees such as to prevent the reform from “splitting” the country by creating 20 states, some of which – those of the South like Calabria, basically – more “statelets” than anything else. In short, the law on Leps risks being unworkable because to ensure the same resources for all Regions, and reduce the gaps between territories, many resources will be needed. Among the biggest doubts about the process, critics point out the fact that the definition of the Leps is postponed to the end of the year and their financing is completely lacking. (approx)
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