Differentiated autonomy: the key points of the Calderoli law
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Training, health, education and environmental protection are some of the functions that can be attributed by the State to the Regions on the basis of differentiated Autonomy. Lombardy, Veneto and Emilia Romagna have already started the procedure for an agreement with the government. However, the procedure envisaged for the attribution of differentiated autonomy has not yet been fully implemented, which is why the bill was born (valid both for regions with ordinary statute and for those with special statute) proposed by the Minister for Regional Affairs, Roberto Calderoli , a text in 10 articles.
The purposes
The framework law aims to simplify procedures, speed up and reduce bureaucracy, for a distribution of powers that better conforms to the principles of subsidiarity and differentiation. The attribution of functions is subordinate to the determination of the essential levels of services (Lep), which guarantee civil and social rights throughout the national territory.
The process for the agreement
It lasts at least five months. MEF and competent ministers have 30 days to evaluate the Region’s request, after it has been sent to the Prime Minister and the Minister for Regional Affairs. Then negotiations begin with the Region for the preliminary agreement, which is then approved by the CDM and forwarded to the Unified Conference which, in turn, has 30 days for an opinion. Then it goes to the Chambers: they have 60 days for the examination in the commissions or, according to the modifications under evaluation, for an act of direction voted in the Chamber. Subsequently the prime minister (or the minister for regional affairs) prepares the definitive agreement (with possible further negotiation). The Region approves it, and the resolution in the CDM is expected within 30 days. The bill is forwarded to the Chambers which vote with an absolute majority. The process of government bills lasted on average 81 days in the Senate and 69 in the Chamber in the last legislature.
The Leps
They are determined by Decree of the President of the Council of Ministers: the latest budget law established a control room at Palazzo Chigi, which by the end of 2023 must identify them on the basis of the hypotheses of the Technical Commission for standard needs. Otherwise it will be up to a commissioner. The Chambers have 45 days for an opinion before the Dpcm is adopted. If the Lep change over time, the Region must respect them after reviewing the resources.
Resources
The human, instrumental and financial resources for the exercise of the functions are determined by a joint State-Region commission. The financing takes place through sharing the proceeds of one or more taxes or regional revenues.
Duration
The agreements have a maximum duration of 10 years. State or Region can ask for its termination, resolved by law with an absolute majority of the Chambers. Upon expiry, the agreement is understood to be renewed for its duration, unless the State or Region express a different will one year (6 months initially envisaged in the draft) before the term. The government arranges checks on the activities and achievement of the Lep. The joint commission carries out annual assessments on compatibility and financial burdens.
Equity
The law provides for equalization measures and for the promotion of economic development, cohesion and social solidarity: even in Regions that do not conclude agreements, the State promotes the effective exercise of civil and social rights, even with special interventions. The law does not give rise to new or greater burdens on the public finances.
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