Constitutional reform approved

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On 16 November 2005 the Italian senate enacted the bill which reforms part of the Italian constitution. Devolution of the State’s powers to regions and premiership are the most important novelties of the reform which triggered the fierce reaction of the trade unions.

The process of reform of the Italian Constitution started in October 2001 with the reform of Chapter V of the Constitution (law 3/2001). The reform allocated powers to the central state and the regions in a new way. Regions have been granted 'concurrent legislative powers' (podestà legislativa concorrente) with the central state on subjects such as: international and EU relations at regional level; the protection and safety of labour; education; scientific and technological research; support for innovation in productive sectors; health protection; and supplementary and 'integrative' pension schemes. Moreover, the regions have been granted total legislative powers in areas such as industry, tourism, commerce and vocational training. (IT0212107F).

The implementation of the concurrent legislative powers principle raised a series of conflicts of competence among the institutions due to the wide margins of discretion which the reform granted to the regional and the national legislator. The result was a conflicting situation between the institutions at various levels.

Faced with this situation, the former minister responsible for institutional reforms and devolution, Umberto Bossi (the leader of the Lega Nord party), proposed to entrust Regions with the exclusive legislative competence of: health care assistance and organisation; school organisation and training; definition of school and training programmes; regional and local administrative police. Besides devolving some of the central state powers, the centre-right government proposed to grant more powers to the prime minister consequently weakening the powers of the President of the Republic, and to establish a federalist tax-based system which, in perspective, would substantially reduce the State available resources - according to an equal distribution principle - between rich and poor regions.

The reform, approved by the Government in February 2002, had to undergo twice the approval of the Senate, as envisaged for all procedures aimed at modifying the Constitution. On 16 November 2005, the reform was finally approved.

The reform, as proposed, has granted exclusive legislative powers to Regions on the subjects previously mentioned but has also established important constitutional changes:

• national interest clause. The government will be able to stop a regional law considered detrimental to the national interest. In this case, it will invite the region to cancel the law, in the case of a negative answer, the government will address the Parliament which will have 15 days to formulate a decision;

• premiership. The premier will be directly appointed by the electors and will be granted more powers. The premier will no longer need the trust of the Chambers to set up the government. He/she will determine the policy of the executive, will be able to appoint the ministers and annul their appointment and dissolve the Chamber;

• federal senate. The reform introduced the creation of a federal senate. The Parliament will be composed of the Chamber of Deputies and of the Federal Senate (at least six senators per region). The number of parliamentarians will be reduced to 200 units.

The constitutional reform marks also the end of the perfect bicameralism. The two branches of the Parliament will be able to modify the bills but only the one in charge of the subjects beyond its competence will have the last say.

The satisfaction of the parliamentary majority and the jubilation of the Lega North political party for the approval of the reform was accompanied by the fierce reaction and the concern of many constitutionalists, of the workers’ organisation and of the centre-left political parties. The latter have suddenly announced the beginning of the collection of signatures for a referendum aimed at repealing or confirming the reform. Article 138 of the Italian constitution envisages, in fact, the possibility of organising a confirmatory referendum for all reforms approved by less than two thirds of the members of the Parliament.

Criticisms for the federalist approach of the reform come also from the trade unions, both at national and regional level. Savino Pezzotta, secretary general of the Italian Confederation of Workers’ unions (Confederazione Italiana Sindacati Lavoratori, Cisl), defined it an 'harmful' reform. The reform, according to Mr Pezzottta, which will 'have a negative impact on the civil society, on the labour market and on the system of social protections'. The main risk linked to the devolution of powers to the regions is that citizens will be offered diversified services according to the region where they live and its relative wealth. Regions’ exclusive management of health care, security and school subjects, without the equalising action of the central state, risks creating as many health care and school systems as the number of the Italian regions.

The validity of these concerns are proven by the 2006 budget law through which the government intends to limit citizens’ right to decide to benefit from the health care service provided by a region different from the one where they live. This situation risks constituting one of the first effects of the so-called tax federalism.

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