The DDL on differentiated autonomy, recently published in the Official Gazette, marks an important step forward in the process of administrative decentralization in Italy. This article explains the main provisions of the law and the implications for regions and the State
.
What is the Differentiated Autonomy Bill
The law on differentiated autonomy establishes a process of understanding between the State and the regions, governed by a legislative decree for the transfer of functions and resources. The agreements can last up to 10 years, with the possibility of renewal or revocation by the State, but with a minimum notice
of 12 months.
The procedure for reaching an agreement between the State and the region lasts at least 5 months, including the 60 days granted to the Parliament to examine the requests. The region, after consulting local authorities and in compliance with the procedures established by its statute, must decide on the request to obtain additional forms of
autonomy.
The Procedure for Obtaining Autonomy
The process to obtain autonomy develops in different phases:
- Basic scheme between state and region.
- Amendments by the Unified Conference and parliamentary committees.
- Regional Council approval.
- Bill of the Council of Ministers, which the Parliament will have to examine and vote on.
The Protection of LEP
The law provides that the assignment of additional forms of autonomy to regions on matters related to civil and social rights is subject to the determination of Essential Levels of Performance (LEP). LEPs represent the minimum standards of services that must be guaranteed in all regions
.
The LEP determination process is based on the assessment of historical State spending in each region over the past three years. This mechanism aims to guarantee fair and transparent treatment in financial relations between the State and territorial autonomies, promoting an equitable distribution of resources and overcoming
territorial disparities.
Distribution of Resources in the Regions
Article 5 of the DDL establishes that the resources necessary for the exercise of the new regional powers will be determined by a joint State-Region Commission. This commission includes representatives of the Minister for Regional Affairs and Autonomies, the Minister of Economy and Finance, the competent administrations and the corresponding regional representatives
.
Benefits for Regions with Special Statute
Article 10 of the DDL extends the benefits of differentiated autonomy also to regions with a Special Statute, in compliance with the provisions set out in their statutes. The government maintains substitute power in accordance with Article 120, second paragraph, of the Constitution
.
Implications for School, Tax and Work
Each region, after agreement with the State, may decide independently on issues related to education, taxation and the world of work. For example, a region could withhold all tax revenues or establish specific rules for accessing the rankings of ATA teachers and staff
.
However, there is a risk that the poorest regions will be left behind, compromising the principle of economic solidarity. It will therefore be necessary to carefully evaluate each individual agreement to understand the impacts on health, work, environment and access to services
.
Full text of the DDL
The full text of the differentiated autonomy bill, published in the Official Gazette on 26 June 2024, is available for consultation.