The Region of Campania, led by Vincenzo De Luca, has officially filed a legal challenge to the Calderoli law, which was approved by Parliament just before the summer break. Represented by Professor Francesco Marone, an expert in constitutional law, the Region argues that the law grants too much power to the regions, undermining national unity and equality among citizens. The challenge is based on fifteen grounds related to the procedures outlined in the legislation for negotiating agreements with the regions, as well as the content and effects of these agreements. The Region of Campania contends that the law poses a threat to Italy’s legal and economic unity, as highlighted by former Vice President of the Constitutional Court, Prof. Paolo Maddalena.
The legal challenge specifically criticizes the law for diluting the role of Parliament, which is supposed to safeguard national unity and the public interest, in favor of giving exclusive power to the Prime Minister to limit the scope of agreements with the regions. Furthermore, the law is accused of not aligning with constitutional norms that tie differentiated autonomy to measures aimed at bridging territorial divides and the effective funding and implementation of essential levels of services. Instead, the law only contains general statements about determining these essential levels without providing concrete financial commitments. The implementation of the law, according to the challenge, distorts the spirit of Article 116, paragraph 3 of the Constitution by creating an unfair system that moves towards secession rather than legitimate autonomy.
The Region of Campania asserts that the Calderoli law’s implementation deviates from the intended decentralization of functions for efficiency and instead promotes an unjust system that leans towards secession rather than legal autonomy. Professor Giovanna De Minico, an expert in constitutional law, has also criticized the law for veering towards secession, which is considered unlawful and outside the constitutional framework. The challenge underscores the importance of upholding the principles of national unity and equal treatment of all citizens across different regions of Italy. This legal action signals a move towards ensuring that the principles of the Italian Constitution are upheld and that no law infringes upon the unity and equality that form the cornerstone of the nation’s legal framework.
The Region of Campania’s legal challenge highlights the potential dangers posed by the Calderoli law in terms of eroding the central government’s role, weakening national sovereignty, and destabilizing the unity of the country. The law’s wide-ranging devolution of powers to the regions, including those involving fundamental rights and essential services, raises concerns about the potential fragmentation and unequal treatment of citizens across different parts of Italy. By bringing this legal challenge to the Constitutional Court, the Region of Campania seeks to address these pressing issues and ensure that any reforms or legislative measures align with the principles of national unity and equality enshrined in the Italian Constitution. This legal action serves as a significant step towards protecting the integrity and coherence of the Italian legal system and safeguarding the rights and interests of all citizens, regardless of their geographical location within the country.
