On 19 June 2024, the Differentiated Autonomy Bill was approved and published in the Official Gazette. This law inaugurates a process of understanding between the State and the Regions, providing for a legislative decree for the transfer of functions and resources. Agreements can last up to 10 years and can be renewed or revoked by the State with at least 12 months’ notice
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Table of Contents:
Procedure for the State-Region Agreement
The process to reach an agreement between the State and the Region requires a minimum of 5 months.
This includes the 60 days given to Parliament to review the requests. The Region must consult local authorities and respect the procedures established within its statutory autonomy to deliberate on the request to obtain additional forms of
autonomy.
Process for Obtaining Autonomy:
- Basic scheme between State and Region.
- Unified Conference Amendments and Parliamentary Committees.
- Approval by the Regional Council.
- Bill of the Council of Ministers that the Parliament will have to examine and vote on.
The Protection of LEP
The text clarifies that the assignment of functions related to additional forms of autonomy, concerning civil and social rights, is subject to the determination of Essential Levels of Performance (LEP). LEPs are the minimum service standards that must be guaranteed in all Regions
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Changes in the Distribution of Regional Resources
The resources necessary to allow the Regions to exercise additional forms of autonomy will be established by a joint State-Region Commission. The Commission will include representatives of the Minister for Regional Affairs and Autonomies, the Minister of Economy and Finance, and representatives of the competent Administrations, in addition to
the corresponding regional representatives.
Benefits for Regions with Special Statute
Thanks to Article 10 of the DDL, even Regions with a Special Statute can request the benefits of differentiated autonomy, in compliance with the provisions of their Statutes. The exercise of the replacement power of the Government remains confirmed, in accordance with Article 120, second paragraph, of the Constitution
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Impacts on School, Tax and Work
With the law on differentiated autonomy, each Region will be able to decide independently on issues such as education, taxation and various aspects of the world of work. This means that a Region could keep its entire tax revenue or establish different rules for accessing the rankings of ATA teachers and staff. However, there is a risk that the poorest regions, such as those in the South, may fall behind, compromising the principle of economic solidarity
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Final Thoughts
It will be necessary to carefully evaluate every single agreement between the Region and the State to understand the impacts in terms of health, work, environment and access to services. This represents one of the most delicate aspects of the regulatory procedure
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