The Sardinia Region has passed the resolution with which it challenges before the Constitutional Court the Government law on differentiated autonomy called "Provisions for the implementation of the differentiated autonomy of the Regions with ordinary statutes pursuant to art. 116, third paragraph, of the Constitution". The measure was approved late in the morning by the Council of Alessandra Todde .
The main points on which the appeal to the Constitutional Court is based are: 1) the law violates art. 116, paragraph 3 of the Constitution, exceeding the limits provided for differentiated autonomy, 2) violates the principle of loyal collaboration between the State and the Regions , by not providing for adequate forms of involvement of the Regions in the process, 3) allows the transfer of entire matters to the Regions , rather than only "further forms and particular conditions of autonomy".
The fourth point instead mentions the delegation to the Government for the determination of the LEP (Essential Levels of Performance) indicated as "lacking in principles and guiding criteria". Point 5 underlines the fact that it violates the prerogatives of the Regions with special statutes , in particular Sardinia. And then again 6) it does not respect the procedures provided for by the Special Statute of Sardinia for the transfer of functions and resources and 7) risks accentuating territorial gaps and violating the principles of solidarity and equality.
The appeal argues in detail how these constitutional defects undermine the competences and autonomy of the Sardinia Region, and the request is therefore for a total or partial annulment of the law.
(Online Union)
