ROME (ITALPRESS) – “The Court has declared the constitutional illegitimacy of some provisions of Article 3 of Law No. 86 of 2024, in particular with regard to the vagueness of the principles and guiding criteria of the delegation for the determination of OELs. However, it did not in any way specify the necessity of the primary source for the determination of OELs (indeed recalling cases already present in the system of OELs defined by a secondary source, starting with the LEAs), and rather censured the hypothesis of the simultaneous applicability of a primary and a secondary source.” This was said by the Minister for Regional Affairs and Autonomy, Roberto Calderoli, during Question Time at the Senate. “The Court also did not in any way condition the attribution of special forms and conditions of autonomy on individual matters to the prior determination (or even financing) of OELs in all matters,” he added. Instead, the Court, in confirming the need to subordinate in LEP matters the attribution of functions to the requesting regions to the prior determination of the relevant essential levels of services, merely specified that when the legislature qualifies a matter as ‘no-LEP,’ the relevant transfers cannot concern functions that pertain to services concerning civil and social rights.””I confirm that the Government is working on the definition of a draft delegated law for the determination of LEPs, which, based on the Court’s indications, takes into account the peculiarities of individual matters, through the identification of specific principles and guiding criteria. As also stressed by the Court, of particular help to this end is the preliminary activity carried out by the CLEP, which concluded its work last Dec. 31,” the minister added. “As for non-LEP matters, the discipline resulting from the Court’s intervention is instead consistent and fully applicable, without the need for further legislative intervention. In fact, the questioners will not have missed the Court’s use of the technique, long known and used, of additive or manipulative judgments, through which the illegitimate provision is directly replaced or supplemented with another provision that complies with the Constitution. Thus, the ruling does not produce any obstructive effects on the continuation of the negotiations that have already begun, with regard to functions related to non-LEP matters, negotiations that will, of course, continue in the wake of the indications provided by the ruling. As already mentioned, in any case I undertake not to submit to the Council of Ministers any preliminary schemes of understanding before the conclusion of the referendum affair.”
– Photo Agency Photogram –
(ITALPRESS).
