The Constitutional Court, with ruling no. 168 of 2024, ruled against the Sardinia Region law no. 2 of 2024, which provided for the initiation of a procedure for the maintenance of all existing school autonomies in the 2023-2024 school year.
We thus return to address the issue of the sizing of the school network, reformed by state law no. 197 of 2022.
The Court, in particular, considers that the law of the Sardinia Region, in setting itself the objective of maintaining all school autonomies, conflicts with the Constitution which attributes to the exclusive state legislative competence the matter . Article 117, second paragraph, letter n of the Constitution, the constitutional judges recall, attributes to the exclusive state legislative competence the matter «general norms on education».
The regional law - the judges continue - " violates the principle of the necessary correspondence between managers assigned to the regions and educational institutions present in the territory . The contested provision is also in conflict with letter g) of the second paragraph of art. 117 of the Constitution, since, as made explicit by sentence no. 223 of 2023, the determination of the school contingent concerns personnel included in the state public employment ".
Finally, the Court observed that the competence of the Regions to define the type and location of educational institutions and to establish new complexes or to aggregate existing ones remains firm, also taking into account the specific needs of each territory. However, the state reform requires the Regions to respect the quota of school and administrative directors determined by ministerial decree.
"The Constitutional Court has once again ruled in favor of the Ministry of Education, declaring the unconstitutionality of the Sardinia Region law no. 2 of 2024, which provided for the start of a procedure for the maintenance of all existing school autonomies in the 2023-2024 school year," the words of the Minister of Education Valditara on X . "After the Lazio Regional Administrative Court ruled in our favor on the rankings of the extraordinary competition for principals, and the Council of State on the regulation for the Made in Italy high school, the correctness of the Ministry's action is once again confirmed, with an important ruling by the Constitutional Court on the subject of sizing. Despite the instrumental controversies of the opposition."
(Online Union)
