‘Regulatory inflation’ and the burden on schools: the accumulation of public holidays is not without consequences

Messages which, when viewed in the broader context, end up costing dearly. And not because of a disproportionate financial outlay – given that, almost without exception, these are commemorations and regulations that do not require funding and which, therefore, cost the State nothing – but because of what they, directly or indirectly, impose on the parties and the areas they affect. ‘It is true that these are zero-cost laws, so much so that they are almost always accompanied by a financial neutrality clause,’ explains Biondi. ‘However, they assign to offices, organisations, schools and sometimes even universities the task of promoting, within the limits of available resources, initiatives. There is a cost, but it is hidden.’

The greatest expense, in fact, is that relating to work and organisation, and the price to be paid – rather than euros – is time. “There is a considerable bureaucratic and organisational burden on the public bodies involved, which are already overburdened by administrative requirements”. This is a factor that evidently does not spare even parliamentary debate: ‘Every law, even the simplest, involves committees and the chambers.’

The situation is made even more complex by repercussions that are not immediately apparent but are nonetheless problematic. First and foremost, a ‘systemic’ perspective that cannot be overlooked. ‘In an already overburdened legal system, these laws lead to a sort of “regulatory inflation” , with effects that are often impossible to measure,’ continues Professor Biondi. ‘The President of the Republic puts it clearly: the sheer number of these provisions makes it virtually impossible in practice for their provisions to be genuinely effective .’

The practical difficulty, therefore, of implementing such an overwhelming number of regulations is accompanied, in parallel, by a predictable (and dangerous) eroding of meaning. ‘The risk of a proliferation of commemorative laws may lead to a blurring of the hierarchy of values. Alongside Holocaust Remembrance Day to commemorate the victims of the Holocaust, the Shoah and Nazi-Fascist persecutions, alongside the Day of Remembrance for the victims of the Foibe massacres and the day dedicated to honouring the victims of the mafia – all of which hold great civic significance – there are commemorations of a very different calibre. Moreover, historians urge us to exercise caution when establishing ‘days of remembrance’ on a wide variety of topics, as it is not necessarily the case that they always serve as a factor for the unification of the political community’.

And whilst, on the one hand, we celebrate everything only to end up celebrating nothing, on the other, the rush to establish national days can cause us to lose touch with reality and its practical needs. ‘This trend – I note with regret – speaks volumes about the state of health of our parliamentary democracy,’ reflects Biondi. ‘A Parliament committed to establishing a “Day of Wonder”, which is then rebuked by the President of the Republic, shows a certain detachment from reality, as if the representatives were no longer capable of representing the needs of citizens.’

It is the citizens themselves who, when all is said and done, end up footing the heaviest bill. Schools, for example, are often forced to cut back on time (and quality) in their regular timetable. ‘These days are not public holidays. But precisely for this reason, we are encouraged to organise initiatives on the theme on those days, and the main target audience is schools,’ notes Professor Biondi. “If they were really to devote fifty-one days to celebrating something, in a school year comprising around two hundred teaching days, that would mean dedicating one in every four. And so, either teaching or, more realistically, these days are simply ticked off in a bureaucratic and pointless manner.”

And educational autonomy inevitably suffers as a result. ‘It should be up to schools and universities to decide how to educate the public, within the limits of the autonomy granted to them.’

How, then, can we put a stop to – or at the very least limit – this jumble of commemorations and measures? ‘There is no legal instrument capable of preventing Parliament from passing a law. However, within the Houses, MPs could agree on shared criteria: for example, the national significance of the commemorative day, the absence of overlaps, and consistency with the existing calendar’, emphasises Biondi. “And then they could pass a law that streamlines the existing commemorative days and merges those that are similar.”

There is also a third option, explicitly mentioned by the President of the Republic: using means other than legislation. ‘Many objectives can be achieved through a parliamentary resolution or through government measures: Dantedì, for example, was established in 2020 by a directive approved by the Council of Ministers, without the need for a law. Similarly, initiatives for schools can be promoted by individual ministries through guidelines and circulars’.

And what if all this were not enough? “The Head of State could also decide to refer back to Parliament a bill that, once again, establishes a national day,” concludes Professor Biondi. “Today, this remedy has been deemed, understandably, a ‘disproportionate’ response to laws which, as the President has acknowledged, do not present any obvious signs of unconstitutionality: which is why he has opted for ‘promulgation with reasons’, limiting himself to expressing his disappointment. In future, however, a more decisive intervention cannot be ruled out.’

It is not such a far-fetched idea. According to recent findings by Pagella politica, in fact, Parliament is already planning to consider new national days to be added to the existing list of fifty-one. For the time being, the committees of the Chamber of Deputies and the Senate are reportedly examining 12 proposals: these include the establishment of days dedicated to eco-spirituality, Italian panettone, Italians abroad, the country’s dairy heritage and silence. As for handwriting, it is even suggested that a whole week of celebrations be dedicated to it.