The Constitutional Court has rejected a referendum that sought to repeal the government’s ‘differentiated autonomy’ legislation. This law allows regions to request greater control over the allocation of tax revenues collected in their areas.
The Court’s 11 judges ruled that the “object and aim of the question” posed by the referendum were “unclear”. They stated that this lack of clarity could prevent voters from “making an informed decision”. Currently, the Court has only 11 judges instead of 15, as Parliament has yet to replace four members whose terms have expired.
On Tuesday, Giovanni Amoroso was elected as the new president of the Constitutional Court by the supreme Cassation Court.
The judges also noted that the referendum would improperly alter its function, effectively becoming a decision on ‘differentiated autonomy’ itself. They highlighted that such a matter involves article 116, third paragraph, of the Constitution, which can only be changed through constitutional reform, not an abrogative referendum.
Parts of ‘differentiated autonomy’ law “illegitimate”
Last year, the Constitutional Court identified parts of the ‘differentiated autonomy’ law as “illegitimate” and requiring correction. One concern was the legitimacy of updating the minimum levels of service (LEPs) through a decree by the premier. Another issue was the optional rather than obligatory contribution of devolved regions to public finance, potentially undermining national solidarity and unity.
The Court emphasised that resolving these issues is Parliament’s responsibility.
Approval of other referenda
Meanwhile, on Monday, the Constitutional Court approved five other referenda. One proposal seeks to reduce from ten to five years the required continuous legal residence for foreign citizens to obtain Italian citizenship. Other referenda address aspects of the Jobs Act, including regulations on layoffs in small businesses, short-term contracts, and the social responsibility of tendering regulations.
On Tuesday, CGIL union leader Maurizio Landini spoke about the upcoming “spring of voting and rights,” highlighting the importance of “democracy and participation”. He made these remarks during an event organised by the FLC-CGIL teachers union to support the admissible referenda.
Landini showed the labour market referenda aim to address critical issues. These include reinstating workers after unjustified dismissals, removing a six-month limit on compensation for dismissals, tightening rules on short-term contracts, and ensuring subcontractors’ liability to enhance job security and prevent workplace accidents. The CGIL launched this campaign on April 25 last year to advocate for these labour law changes.
