Regionalismo differenziato e incostituzionalità diffuse

Abstract

The article deals with the differentiated regionalism, which has its legal basis in Art. 116, paragraph 3 of the Constitution. The A. articulates his argument starting from the compatibility of the legislative process provided by the Constitution with the principles of unity and indivisibility of the Republic, highlighting how this process, in addition to constituting a derogation from the system of competences between State and region, could have influence on the form of the State and in particular on the respect of the principles of equality and solidarity. It would be, in essence, an irreversible process, which debases the role of the parliament, the constitutional court and the president of the Republic, as it is put in place by the state and regional executives and finally approved, as it emerges from the latest draft of agreements with dpcm. In addition, concerns are expressed with respect to the content of the draft agreements  which, contrary to what is provided for in art. 116, paragraph 3 of the Constitution, say nothing about the essential levels, needs and standard costs.