After the go-ahead for the Calderoli bill

Differentiated autonomy, here is what could change in Veneto and Lombardy

Attilio Fontana, governor of Lombardy, and Luca Zaia, governor of Veneto, as soon as the Calderoli bill is published in the Official Gazette, are ready to ask the government to open the negotiating table for the transfer of the first competences, regarding the 9 subjects (out of the total 23) that do not have an LEP (Essential Level of Performance) to be guaranteed

by Andrea Gagliardi

Detto e contraddetto: l’autonomia differenziata della discordia

4' min read

4' min read

Differentiated autonomy is law. But there is still a long way to go before we get to the facts, i.e. the first actual transfer of competences to a region. What is certain is that the governor of Veneto Luca Zaia and that of Lombardy Attilio Fontana, as soon as the Calderoli bill is published in the Official Gazette are ready to ask the government to open the negotiating table for the transfer of the first competences, regarding the 9 matters (out of the total 23) for which there is no Lep (Essential Level of Performance) to be guaranteed.

The 9 materials transferable without prior determination of Lep

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Specifically, there are nine matters of concurrent legislation between the State and the regions: international relations and relations with the European Union; foreign trade; professions; civil protection; complementary and supplementary pensions; coordination of public finance and the tax system; savings banks, rural banks, regional credit companies; regional land and agricultural credit institutions; organisation of justice of the peace.

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The premier's stakes

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In reality, it is not yet clear what the regions can actually do on these grounds. All the more so since paragraph two of Article 2 of the Calderoli law allows the prime minister to plant stakes on the transfer of matters and functions. "In order to safeguard legal or economic unity, as well as direction with respect to priority public policies, the Prime Minister," it reads, "also on the proposal of the Minister for Regional Affairs and Autonomies or of the Ministers responsible for the subject matter, may limit the object of negotiation to certain matters or areas of matters identified by the Region in the initiative act. And it is not conceivable, for example, that the government would or could cede too much space in areas such as the coordination of public finance and the tax system.

The process for the first transfers

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To understand how Palazzo Chigi will move, we will have to wait for the regions' requests. It will still take some time before they arrive. After the publication of the Calderoli law in the Official Gazette, the regions will have to deliberate on the basis of their statutes the requests for the transfer of competences to be sent to the government. The deed is sent to the President of the Council of Ministers and to the Minister for Regional Affairs and Autonomies who, having acquired within sixty days the assessment of the Ministers responsible for the subject matter and of the Minister of Economy and Finance, also for the purpose of identifying the necessary financial resources for any coverage, starts negotiations with the requesting Region for the approval of the agreement.

The 14 "Lep" subjects

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It takes even longer for matters whose attribution is 'allowed subject to the determination of the Essential Levels of Services (LEP) concerning civil and social rights, including those relating to the fundamental functions of local authorities'. Before this preliminary step, which consists in defining the minimum service standards that must be guaranteed in all regions, it remains frozen any hypothesis of transferring to the regions additional competences in 14 subjects listed by the Calderoli law, in Article 3, paragraph 3: education, environmental protection, work safety, scientific and technological research, health protection, food, sports regulations, territorial government, ports and civil airports, large transport and navigation networks, communication regulations, production, transport and national distribution of energy, as well as the valorisation of cultural and environmental heritage.

Fountain's goals

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Attilio Fontana's main focus is on healthcare and the environment, convinced that the best performing region in the north 'will be able to go even faster, and be even more competitive against global competitors'. "On matters within our competence," he said, "we will be able to create faster and more efficient procedures, which our entrepreneurs and workers are constantly asking us for. Alberto Cirio, governor of Piemonte, announced that he will ask for autonomy on all the subjects envisaged by the law; with an integration compared to the request of his predecessor Sergio Chiamparino, who had asked for 13 out of 23.

Two years to define Lep

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But the government has given itself two years to define the Essential Levels of Services. That is, the State must measure and decide what is the extent of the services to be guaranteed in each territory, from Trentino Alto Adige to Sicily, and identify the instruments to guarantee full funding in the (many) cases in which the Regions' own resources are not enough. Financing is not trivial, especially in a country that, after now entering a new excessive deficit procedure, will be engaged in the coming months in a massive effort just to confirm the tax and contribution measures in force this year without further increasing public debt.

No deficit for reform

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It is no coincidence that the final version of the text emphasises that everything must take place 'consistently with the programmatic objectives of public finance', also because 'the implementation of this law and of each agreement must not give rise to new or greater burdens' for the budget of the public administration (Article 9, paragraph 1). The Lep, in short, would not justify greater deficit, and would have to be covered with cuts in other expenses or increases in revenue. Not only that: with one of the many clauses requested in particular by FdI and accepted by the League so as not to risk interrupting the path of the reform, before transferring a function to a Region it will be essential to finance the essential levels for all the others as well.

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