prova

1. Italian Regions
seeking for greater
autonomy: what’s
all about?
March 2019

2. The Cabinet takes note and shares the spirit
In the Cabinet’s press release of 14 February 2019, we read:
the Minister for Regional Affairs and Autonomies, Erika Stefani ‘after the bilateral
meetings with the Ministers concerned, presented the contents of the Agreements.
The Cabinet took note of this and shared the spirit’.
What Agreements is she talking about?
She is referring to the Agreements between the Government and Veneto, Lombardy and Emilia-
Romagna to grant the three Regions further forms and conditions of autonomy.

3. The procedure laid down in the Constitution...
that Regions in budgetary equilibrium may request
greater powers the s.c. concurrent legislation
matters, i.e. those of non-exclusive competence of
the State or the Regions.
establishes
for autonomy to be granted by means of a State law,
approved by the Houses of Parliament by an absolute
majority of their members, on the basis of an agreement
between the State and the Region concerned.
PRovides
The Italian Constitution provides that the State may grant forms of greater autonomy to the Regions that request it.
Article 116(3), that was introduced with the reform of Title V of the Constitution in 2001

4. organisation of the
justice of the peace
...andthepossibleobjectofstrengthenedregionalautonomy
Concurrent legislation matters are listed in Article 117(3) of the Constitution.
Further forms of autonomy may also be recognised for certain matters currently falling within the exclusive competence of
the State:
general rules on
education
protection of the environment,
the ecosystem and cultural heritage

5. Referendum in Veneto e LombardY
One vote in the Regional Council is enough for
Emilia-Romagna
This is the first time that the application of Article 116(3) has been
requested.
On 22 October 2017, the Veneto and Lombardy Regions – both
administered by Lega – held a consultative referendum asking the
citizens whether or not they were in favour of the request for greater
autonomy. In both cases, the Yes obtained a very large majority of votes.
The constitutional procedure for regional autonomy does not provide
for popular consultations, therefore, the outcome of the referendum did
not have binding effects for the government, but has strengthened
politically the request of Veneto and Lombardy.
Emilia Romagna – administered by PD – has instead activated the
procedure through a vote in the Regional Council.

6. In all three Preliminary Agreements, the matters of greatest interest to
the Regions were:
• Protection of the environment and the ecosystem
• Health protection
• Education
• Labour protection
• International relations and relations with the European Union
Preliminary Agreements
A few days before the 2018 general elections, the Gentiloni government
signed preliminary Agreements with the three Regions – to identify the
general principles and specific matters for which autonomy was
requested – for the definition of the Agreements.

7. The three Regions reserved the right to extend the negotiations to other matters at a
later date.
During the Question Time at the Chamber of Deputies on 11 July 2018, Minister Stefani
declared that the three Regions had expressed to the Government their intention to
‘expand the number of matters to be transferred’.
Lombardy and Veneto have finally asked for autonomy on all 23 possible matters
(including: education, professions, scientific research, government of the territory, ports
and airports, production and distribution of energy), instead Emilia-Romagna on 15 of
them.
So, Lombardy and Veneto have asked for autonomy on all concurrent legislation matters
and on the three of exclusive power of the State for which autonomy can be however
requested.
The Regions’ final requests

8. C
Regional autonomy is part of the government contract
between Lega and 5 Star Movement.
What doES Lega think about thiS ?
At the end of 2018, Minister Stefani (Lega) accused the
5SM of slowing down the ongoing negotiations with
Veneto, Lombardy and Emilia-Romagna.
Northern Regions achieving a greater autonomy from the
State is historically a priority of Lega, initially established as
a federalist and autonomist movement.

9. AND the 5 Star Movement?
The Movement is:
• officially in favour of enhanced forms of autonomy granted to the
Regions, and had supported the referendum in Veneto and Lombardy
(although the quite obvious result had aligned almost all parties in
favor of the Yes), but nevertheless it is;
• not very enthusiastic about the political implications that can derive
from granting greater autonomy to the three Northern Regions;
• believes that a strengthened autonomy granted to the rich Northern
Regions – with high tax revenues, currently redistributed at State level
– can reduce the resources made available to the Southern Regions,
economically more in need;
• calls for essential levels of public services being guaranteed
throughout the whole country.

10. What's the status of the procedure?
Since the Cabinet meeting of 14 February 2019, no progress has been made on regional autonomy.
The Agreements were signed by the President of the Council and the Presidents of the three Regions, but the
parliamentary approval procedure has not yet begun. The delays seem to depend on:
• doubts about the role of Parliament - the Chambers will be called to ratify the agreements, but without any
amending power: it will be either Yes or No;
• the criterion that will be used to allocate the necessary resources to finance the new powers attributed to
the Regions.

11. Historical cost…
However, the Agreements provide that within one year of
the final agreement, standard needs should be defined,
based on the principle of the national average cost, which
for some functions could be higher than the historical cost.
The Agreements provide that each new function is financed
through the principle of the historical cost borne by the State
to offer services related to that specific matter in that specific
Region. This is a zero-sum operation for the State budget,
since the resources transferred to the Region will be the same
as those currently allocated by the State to that Region.
… or standard needs?
Education has a historical cost for the State of € 463
per capita in Lombardy. Once it has obtained autonomy
in the field of education, Lombardy will be able to retain
€463 per capita.
Standard needs would be defined by a Committee made
up of all the Regions with the objective of guaranteeing
equity in the distribution of services to citizens, but it is
possible that the principle of the national average cost
may require greater transfers of resources from the State
to the autonomous Regions, to the detriment of the
poorest ones.
Education has a national average cost for the
State of € 537 per capita, which is higher than
the historical cost in Lombardy.
EXAMPLE
EXAMPLE

12. The Government – which conducts the negotiations on behalf of the State – and the
Regions will have to sign the final text of the Agreements.
The situation is at a standstill, and a final settlement will probably be found after the
European Elections (26 May).
Once the Agreements have been signed, the Government is required to submit a Draft
Bill for each of them to the Houses of Parliament.
What happens now?
The approval of the law by the Houses with an absolute majority serves to give legislative form to the
agreement reached on the regional initiative. […]. The law of approval would appear to be
atypical, because its subject would be an already-reached agreement [without the power to amend the text]
strengthened, since the procedure provides for Houses approval by an absolute majority of their members.
Prof. Stelio Mangiameli, Director of the Institute for the Study of Regionalism, Federalism and Self-Government of the National Research
Council

13. Everyone wants autonomy!
In the meantime, other Regions have joined the initiative of Veneto, Lombardy and Emilia-Romagna.
A dossier of the Senate Studies Service of February 2019 explains how 13 of the 15 Regions with ordinary
Statutes have taken steps towards greater autonomy:
• Campania, Liguria, Lazio, Marche, Piedmont, Tuscany and Umbria have given a mandate to their respective
Presidents to ask the Government to start negotiations;
• Basilicata, Calabria and Puglia have taken preliminary steps in this direction, for example by approving policy
setting acts.

14. C
According to Article 116(1), Friuli Venezia-Giulia, Trentino-Alto
Adige/Südtirol, Val d’Aosta/Vallée d’Aoste, Sicily and Sardinia already
have forms and conditions of autonomy, according to the provisions
of their respective Special Statutes, which have been adopted over time
by Constitutional Law.
The need to grant particular forms of autonomy to some territories
arises after WWII.
Autonomy: who already has it?
The Special Statute Regions
It was granted by Royal Legislative-Decree 455 of 15 May 1946;
before the entry into force of the Republican Constitution (and even
before the institutional referendum of 2 June 1946!).
The Special Statute of Sicily
The other Special Statutes were granted in 1948 and that of Friuli
Venezia-Giulia in 1963.
The other Special Statutes

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