Regional autonomy, already supplied for by our Structure, invitations us to concentrate on the “issues” and, subsequently, on “civil and social rights”, to outline the Lep (important ranges of efficiency and companies) and the Lea (important ranges of help). The Campania Area already appears to focus on this clearly, by an enchantment that gave rise to the ruling of the Constitutional Courtroom of 09/05/2022, n. 114. In truth, the “precept of loyal collaboration is affirmed in instances through which the State gives financing, with a vacation spot constraint, affecting issues of regional competence (residual or concurrent): speculation through which, for the needs of safeguarding such competences, the state regulation should present instruments for involving the Areas within the implementation section of the laws, within the type of an settlement or opinion, specifically with regard to figuring out the factors and strategies for the distribution of sources supposed for territorial entities”.
Right here is the restrict, represented by two “occasions”: first, the chance that “there’s an intertwining (or interference or concurrence) of legislative competences, which doesn’t enable to establish” a “materials space that may be thought of clearly prevalent over the others”; “secondly”, the chance that “the financing self-discipline finds justification within the so-called attraction in subsidiarity of the identical to the State”.
Consideration is subsequently targeted on the types of involvement of the system of territorial autonomies, needed by advantage of the precept of loyal collaboration, of concurrent legislative competence. The end result is obvious. There exists – this ruling of the Constitutional Courtroom clarifies – an “unique state competence within the matter of defining the important ranges of efficiency regarding civil and social rights that should be assured all through the nationwide territory”.
The ruling additionally highlights instances of “inseparable overlapping or intertwining of competences”, which makes “the request for regional involvement by the settlement well-founded”. Lastly, it appears applicable to recall what the identical ruling of the Constitutional Courtroom states relating to “well being safety”. A central theme of the political route outlined by President Vincenzo De Luca.
“The rise in sources allotted to the financing of the Nationwide Well being Service – the sentence clarifies –, even when mentioned improve considerations the distribution of the monetary sources needed to make sure important ranges of help”, “can’t ignore the involvement of the Areas, that are liable for the planning and group of well being companies on the territory, as much as the precise provision of companies”, since it’s only by “loyal collaboration oriented in direction of the widespread good that the pluralistic mannequin acknowledged by the Structure can […] develop, “in a generative perspective” (judgment no. 168 of 2021), in direction of one of the best safety of the appropriate to well being».
Pricey Vincenzo De Luca, we should overcome the advanced of the Southern query, which “for a lot of has been an alibi, for others a cultural limitation”: regional autonomy should be “conceived in a framework of duty and never of privileges”.
A bit of recommendation on “easy methods to behave with all those that declare to be proper”? This “advanced” recollects the “Calimero syndrome”, between “victimhood and lamentation”, made true by the “story” of the “tiger”, condemned by the “lion”, as a result of he accepted the comparability on the chance that the grass is “blue”.
*Professor of Historical past of Political Thought on the College of Naples
#Calimero #Syndrome #autonomy #governor
– 2024-07-07 10:25:26
