What is Differentiated Autonomy: when it was born, what changes and what Lep are

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By John

The bill on the differentiated autonomy of the Regions The ordinary statute is a purely procedural law for implement the reform of Title V of the Constitution implemented in 2001.

In 11 articles defines the legislative and administrative procedures for the application of the third paragraph of article 116 of the Constitution. It is a matter of defining the agreements between the State and those Regions that ask for differentiated autonomy in the 23 matters indicated in the provision.

The main points

Requests for Autonomystart on the initiative of the Regions themselves, after consulting the local authorities.

23 subjectsincluding health protection. Then there are, among others, Education, Sport, Environment, Energy, Transport, Culture and Foreign Trade. There are fourteen subjects defined by Lep, Essential Performance Levels.

Lep Determination, the granting of one or more “forms of autonomy” is subordinated to the determination of the Lep, i.e. the criteria that determine the minimum service level that must be guaranteed – as specified in the text – uniformly throughout the entire national territory. The determination of costs and standard needs, and therefore of the Lep, will take place starting from a survey of the historical expenditure of the State in each Region in the last three years.

Transfer principles, article 4, modified in the Senate by an FdI amendment, establishes the principles for the transfer of functions to the individual Regions, specifying that it will be granted only after the determination of the Lep and within the limits of the resources made available in the budget law . Therefore without Lep and their financing, which will also have to be extended to the Regions that do not ask for devolution, there will be no Autonomy.

Control room, composed of all the competent ministers, assisted by a technical secretariat, located in the Department for Regional Affairs and Autonomy of the Presidency of the Council. It will have to carry out a survey of the regulatory framework in relation to each administrative function of the state and ordinary regions, and the identification of the subjects or areas of subjects relating to the Lep on civil and social rights that must be guaranteed throughout the national territory.

Times, the Government will have to pass one or more legislative decrees within 24 months of the entry into force of the bill to determine the levels and amounts of the Lep. While Sato and Regions, once started, will have 5 months to reach an agreement. The agreements can last up to 10 years and then be renewed. Or they can end earlier with at least 12 months’ notice.

Safeguard clause, the eleventh article, included in the commission, in addition to extending the law to the special statute regions and autonomous provinces, contains the safeguard clause for the exercise of the substitutive power of the government. The executive can therefore replace the bodies of the regions, metropolitan cities, provinces and municipalities when it is found that the bodies concerned are in breach of international treaties, community legislation or there is a serious danger for public safety and it is necessary to protect the legal or economic unit. In particular, the protection of essential levels of civil and social rights benefits is mentioned.