Tanto rumore per nulla? E se il referendum sulla legge in tema di autonomia differenziata (n.86 del 2014) fosse costituzionalmente illegittimo?

Abstract

The reform of Title V implemented by Constitutional Law 3/2001 has, among other things, introduced the so-called “differentiated autonomy” with the radical amendment of Article 116 of the Constitution. After years of procedural “experiments” that have seen many Regions (including, primarily, Lombardy, Veneto and Emilia-Romagna) request the activation of Article 116, paragraph 3, of the Constitution, Parliament has recently approved Law 86/2024 regulating in detail the procedure that Regions with ordinary statutes must follow to obtain additional competences (all those with concurrent legislative power and some of those with exclusive legislative power of the State). The political and institutional debate that arose following the approval of the law is leading to the request for its repeal by referendum, promoted through the collection of signatures and at the instigation of five Regions. This publication first carefully analyses what differentiated autonomy is, why the promulgation of law 86/2024 was reached and, finally, what the repercussions are on the dual regional system, comparing the Italian one with the Spanish one, and then addresses the issue of the probable constitutional illegitimacy of the possible abrogative referendum of the law in question