Lecture 19

Question 1

The Regions

Answer 1

• “The Republic is one and indivisible. It recognises
  and promotes local autonomies, and implements the fullest measure of administrative decentralisation in those services which depend on the State. The Republic shall adapt the principles and methods of its legislation to the requirements of autonomy and decentralization” (article 5 Cost.)
• Article 5 Cost. encloses both the indivisibility and
  autonomy principles
• Italy is a regional State
• Constitutional reform of 2001 (Title V)

Question 2

The Regions: Fundamental Principles of Autonomy System

Answer 2

• Unity: the Republic is one and indivisible (founds the principles of loyal cooperation and solidarity)
• Loyal cooperation: between the different
  articulations (central and local) of the Republic
• Solidarity: between individuals and between
  territories (redistribution, equalization)
• Subsidiarity: decisions must be taken, if possible, at the governmental level that is closer to the
  individual(s)

Question 3

The Regions: Difference Levels of Government/ Administration (ordinary, special, differentiated regions; art.114 Const. composition of the Republic)

Answer 3

• “The Republic is composed of Municipalities, Provinces, Metropolitan Cities, Regions and the State. Municipalities, Provinces, Metropolitan Cities and Regions are autonomous entities having their own statutes, powers and functions in accordance with the principles laid down in the Constitution”
  (article 114 par. 1 Cost.)
• The Regions are the main local articulation of power (legislative, executive/administrative)
• Ordinary Regions: general rule. Competencies (legislative, administrative, fiscal) outlined by art. 117, 118, 119 Cost. Ordinary statutes of autonomy (adopted by a regional law, absolute majority)
• Special Regions: Friuli-Venezia Giulia, Sardinia, Sicily, Trentino-Alto Adige/Südtirol (composed of the autonomous provinces of Trento and Bolzano) and Valle d’Aosta/Vallée d’Aoste have special forms and conditions of autonomy
  1. Special statutes of autonomy adopted by a
  constitutional law (constitutional source of the law)
  2. Historical reasons
• Differentiated Regions: Additional special forms and conditions of autonomy may be attributed to
  ordinary Regions by an ordinary law, upon the initiative of the Region concerned, after consultation with the local authorities. Said law is approved by both Houses of Parliament with the absolute majority of their members, on the basis of an agreement between the State (Government) and the Region concerned (art. 116 par. 3 Cost.)
• Process started in 2018 (Lombardia, Veneto, EmiliaRomagna), halted by the change of political majority and by the pandemic (now revamped?)

Question 4

The Regions: the Bodies of the Regional Form of Government

Answer 4

• Regional Council (“Consiglio regionale”): directly elected by universal suffrage, with a regional election law adopted in accordance with the fundamental principles established by the State
• The Council has legislative and regulatory powers: regional statute (“statuto regionale”), regional laws (“leggi regionali”) and regulations
• Political/control power: relation of confidence with the Regional Executive
• President: directly elected by universal suffrage, directs and is responsible for regional policies, promulgates regional laws and issues regional regulations
• Regional Executive (“Giunta regionale”): has executive / administrative and regulatory powers, composed by the President and the Assessors (“Assessori”), it is presided by the President of the Region. The President can appoint and revoke the Assessors
• The regional form of government designed by the Constitution is semi-parliamentary
• The Regional Council and the President are both directly elected by the people, and simul stabunt vel simul cadent
• The Region may adopt a different form of government (within the limits outlined by the
  Constitution)

Question 5

The Regions: the Regional Election Law

Answer 5

• Once, national model in law no. 43/1995 (so called
  “Tatarellum”). Mixed model, 80% proportional, 20% majoritarian, with possible majority bonus
• Now, each Region introduced its own election law. Mainly proportional models with the possibility of a majority bonus
• High governability, fairly stable majorities in the
  Regional Councils (connection with the direct
  election of the President)

Question 6

The Regions: the Division of Powers between State and Regions– Legislative

Answer 6

• Exclusive competencies of the State (e.g.: protection of the essential levels of social benefits; protection of competition; public order and security; environment; citizenship; jurisdiction; pandemic; etc.)
• Shared competencies (the State defines only the
  general legal framework of the matter)
• Residual clause: competencies that are not expressly regarded as exclusive or shared by the Constitution belong to the Regions
• The constitutional reform of 2001 (Title V) noticeably
  expanded the legislative powers of the Regions
  (inverted the original criterion of allocation)
• However, it generated an increase in the
  constitutional disputes between the State and the
  Regions (Const. Court, principaliter const. review)
• Current division of legislative powers at times can be complicated: calls for a new amendment of Title V
• Doctrine of “transversal” competencies: general
  matters that “transversally” invest potentially all the regional competencies (e.g.: environment; market competition; professions; essential levels of protection of civil and social rights; etc.)
• Established by the Constitutional Court
• Reasons of uniformity and coherence of legislation

Question 7

The Region: the Division of Powers between State and Regions– Administrative

Answer 7

• Administrative powers are divided between the State and the local governing bodies according to the principle of subsidiarity
• As a general rule, administrative functions are
  attributed to the Municipalities, unless they are
  attributed to the Provinces, Metropolitan Cities and Regions or to the State, pursuant to the principles of subsidiarity, differentiation and proportionality, to ensure their uniform implementation

Question 8

The Regions: the Division of Powers between State and Regions– Financial

Answer 8

• Empowerment of the various autonomies would be ineffectual if not accompanied by grants of financial means to indepdently manage such powers
• Regions have their own budgets
• They may have their own taxes and expenditures (within a general national framework)
• They must comply with the principles of budgetary balance and economic and financial stability
• They participate in the revenues of the national taxes referable to the regional territory
• The State may (re)distribute funds with no destination (equalization) or for specific purposes. It may set aside additional funds in order to promote economic development, to foster social cohesion and solidarity, to remove economic and social inequalities. All this in order to progressevely reduce the imbalances existing between the various areas of the country
• Four ypes of revenue:
  1. revenues earned on each Region’s assets
  2. each Region can impose taxes so long as they are in harmony with the Constitution and in accordance iwth the principles of coordination of public finances and State’s taxation system
  3. Regions receive a share of the State’s proceeds from taxes related to their territory
  4. the State will actualize an equalisation between the Regions

Question 9

The Regions: the Substitutive Powers of the State

Answer 9

• The Government replaces the regional bodies in the exercise of their powers
• Can be used in the event of non-compliance with
  international or European standards, serious danger to public safety and security or for the protection of the legal and economic unity of the country and the essential levels of social rights
• After a warning and in compliance with the principle of loyal cooperation

Question 10

The Regions: the Disolution/Removal Powers of the State over Regions

Answer 10

• The Regional Council may be dissolved or the
  President removed for acts contrary to the Constitution and the law or for reasons of national security
• Decree of the President of the Republic, proposal of the Government (mixed act) after consultation with the Parliamentary Committee on Regional Affairs
• “Last resort” option (loyal cooperation)

Question 11

The Regions and the European Union

Answer 11

• In matters that fall within their competencies, the Regions, working with the Government, participate in the elaboration of the Italian position in the EU
• The Regions transpose and implement the European directives (in the matters that fall within their competences)
• In order to avoid a European infringement procedure, the State can dictate provisional disciplines on matters of regional competence. Said disciplines “give way” when the Region adopts its laws