Constitutional Court

Differentiated autonomy, Emiliano: 'All relieved by the Consulta's decision'

For the governor of Apulia, the provisions of the Calderoli law that survived the axe of the Constitutional Court were interpreted in the sense desired by Apulia and the other plaintiff regions

Il presidente della Regione Puglia, Michele Emiliano, con il tricolore nel taschino alla conferenza stampa sull'autonomia, Bari, 15 novembre 2024.
ANSA/ PAOLA LAFORGIA

3' min read

3' min read

"They are all relieved" by the Constitutional Court's decision on autonomy "even the Prime Minister and members of the government majority, by having stopped a design that would have demolished national unity". This was said by the president of the Puglia Region, Michele Emiliano, during a press conference convened yesterday morning in Bari to comment on the outcome of the appeal against the Calderoli Law on differentiated autonomy, presented to the Constitutional Court in recent months by the Puglia Region and the regions of Tuscany, Sardinia and Campania.

"The Constitutional Court has cancelled several provisions of the Calderoli law," Emiliano stressed. "First and foremost, the possibility that subjects or blocks of subjects could be transferred, since the Court wisely considered that the devolution of autonomy should only concern specific legislative and administrative functions and should be justified in light of the constitutional principle of subsidiarity that regulates the distribution of functions between the state and the regions. This is a blow to the Calderoli law. Differentiated autonomy must be functional to improve the efficiency of the public apparatuses, to ensure greater political accountability and to better respond to the expectations and needs of citizens'.

Loading...
Emiliano "Abbiamo salvato l'unità nazionale"

"The judges of the Constitutional Court consider that the possibility of using inter-ministerial decrees to change the rates of the co-partecipation to the revenue from state taxes, provided for by the Calderoli law to finance the transferred functions, in the event of a discrepancy between the expenditure requirements and the trend of the same revenue, is also contrary to the Constitution.

Also censured by the Court was 'the optionality, rather than the dutifulness, for the devolved regions to contribute to public finance objectives, with a consequent weakening of the bonds of solidarity and unity of the Republic'.

Consulta aligned with the regions' interpretation

.

But there is more. The rules of the Calderoli law that survived the Court's axe were interpreted in the sense desired by Puglia and the other plaintiff regions. So the knockout is total, both for the rules that have been cancelled for unconstitutionality, and for the remaining rules of the points that have been interpreted in accordance with the Constitution differently from what the government would have wanted.

Moreover, the differentiation law cannot be one of mere approval of the understanding ('take it or leave it') but implies the power of amendment of the Chambers and possible renegotiation of the understanding itself,' Emiliano pointed out.

"The Court made it clear, then, that it is not possible to predetermine LEPs only in certain matters, and thus the distinction between LEP and non-LEP matters can only be justified by interpreting the Calderoli law in the sense that, for non-LEP matters, the relevant transfers cannot concern functions that pertain to benefits concerning civil and social rights.

The identification of resources for functions by means of co-participation in state taxes should not be based on historical expenditure, but on the basis of standard costs and requirements and efficiency criteria.

On Federallism 'the government doesn't touch the ball anymore'

.

The financial invariance clause in the Calderoli law means that, when concluding the agreement and identifying the relevant resources, account must be taken of the general framework of public finance, trends in the economic cycle, and compliance with EU obligations'.

"In conclusion, the Government is no longer touching the ball on this matter, the last word lies with Parliament. I appeal to the parliamentarians of the South to proceed from now on with a great sense of responsibility and paying attention above all to the representation of the citizens. Minister Calderoli should have the courtesy to admit that he has made a law that is totally wrong from a constitutional point of view. The project of taking the Republic and dividing it into pieces is over,' concluded the President of the Puglia Region.

Brand connect

Loading...

Newsletter

Notizie e approfondimenti sugli avvenimenti politici, economici e finanziari.

Iscriviti