The Italian Constitutional Court has partially accepted the appeal filed by four regions—Puglia, Tuscany, Sardinia, and Campania—governed by center-left administrations, seeking to declare the “differentiated autonomy” law unconstitutional. This law, promoted by Minister for Regional Affairs Roberto Calderoli of the Lega party, defines how regions can request to manage specific matters currently under the state’s jurisdiction. The Court’s ruling means that the law cannot be implemented in its current form. It has urged Parliament to amend several aspects deemed in conflict with the Constitution.
The Court has yet to publish its detailed reasoning. However, it made it clear that it did not uphold the broader constitutional challenge to the entire law but declared seven specific provisions to be “unconstitutional.” While the ruling may seem less drastic at first glance, it actually sets the groundwork for significant changes, particularly on central issues within the law.
The Court identified these provisions as violating Article 116, Paragraph 3 of the Constitution, which allows financially stable regions to request additional powers beyond those typically granted. One major concern raised by the Court involves the delegation of powers to the government to define essential service levels (LEPs)—the minimum services the state must ensure across the territory. The Court found that the lack of “appropriate guiding criteria” for setting LEPs, as well as the possibility of updating them by a decree from the Prime Minister, undermines the legislative role of Parliament, thus violating its constitutional function.
Another critical point addressed by the Court is the law’s potential application to special-status regions (Friuli Venezia Giulia, Sardinia, Sicily, Trentino-Alto Adige, and Valle d’Aosta). These regions, according to Article 116, Paragraph 1, are entitled to “forms and conditions of special autonomy.” The Court concluded that any attempts by these regions to request further autonomy should follow procedures defined by their special statutes, not the framework laid out in the third paragraph of the same article.
In addition to the Constitutional Court case, opposition parties have sought to invalidate the law through a referendum. A petition for a referendum was filed in July with the Court of Cassation, collecting over 500,000 signatures. Before the referendum can proceed, the Court of Cassation and the Constitutional Court must verify the validity of the signatures and the legal admissibility of the initiative. If the process moves forward, the government, in agreement with the President of the Republic, will set a date for the referendum between April 15 and June 15, 2025.
