The Partial Unconstitutionality of Differentiated Autonomy: Constitutional Limits

1. The facts

   The case concerns the constitutional legitimacy of Law No. 86 of June 26, 2024. As reported by Corriere della Sera, the Constitutional Court partially upheld the appeals lodged by Puglia, Tuscany, Sardinia, and Campania, declaring unconstitutional the provisions that allowed excessive deregulation.

   La Repubblica highlighted how the Court struck down the transfer of entire subject matters lacking specific justification under the principle of subsidiarity. The daily Il Dubbio emphasized the violation of the statutory reserve, given that the determination of LEPs (Essential Levels of Performance) cannot be entrusted to mere Prime Ministerial Decrees (DPCMs) lacking parliamentary guiding criteria.

   The proceedings concluded with the filing of the Court's judgment, requiring Parliament to amend the legislation.

2. 

   The rules at play

   The core legal framework includes Art. 116, paragraph 3 of the Italian Constitution, which governs differentiated regionalism, subordinating it to the national interest. Art. 117, paragraph 2, letter m), establishes the State's exclusive legislative competence in determining LEPs to guarantee civil and social rights nationwide.

   Art. 3 of the Constitution (principle of equality) was invoked to prevent discrimination against citizens based on their region of residence. Finally, under Art. 81 of the Constitution (budget balance), the Court struck down the financial invariance clause, which risked rendering LEPs merely symbolic in the absence of guaranteed funding.

3. Case law

   Constitutional case law has consolidated the principle that regional autonomy is not an end in itself, but an instrument aimed at improving the efficiency of public services. The Court reiterated that fundamental rights cannot be subject to territorial disparities based on the fiscal capacity of individual regions.

   The Court reaffirmed the scope of the relative statutory reserve: Parliament cannot divest itself of its legislative authority over LEPs through delegations to the Executive lacking precise guiding criteria, as parliamentary scrutiny alone ensures democratic control over minimum standards for social and educational services.

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8. What it teaches professionals

   1. The delegation of administrative or regulatory powers must always be bounded by precise and analytical guiding criteria;
   2. The protection of fundamental rights requires uniform standards that cannot be derogated from by secondary legislation;
   3. In appeals challenging decentralization acts, raising the violation of the statutory reserve is paramount;
   4. The pursuit of organizational efficiency can never compromise formal and substantive equality.

9. Developments: the victory of Sardinian Special Status

   The Constitutional Court, in its judgment of November 14, 2024, partially upheld the appeals filed by several Regions, including Sardinia, declaring various pillars of the Calderoli Law unconstitutional. As reported by L'Unione Sarda and Il Fatto Quotidiano, the Court ruled that the differentiated autonomy procedure cannot be automatically extended to Special Statute Regions, thus safeguarding the island's prerogatives. According to Rai News and Ansa, subsequent rulings in 2026, such as numbers 86 and 144, further strengthened Sardinia's role in territorial planning. The verdict prevents the State from transferring functions without defining clear criteria for Essential Performance Levels, thereby protecting the region's financial autonomy.

References: Legge 26 giugno 2024, n. 86Articolo 3 CostituzioneArticolo 81 CostituzioneArticolo 116 CostituzioneArticolo 117 Costituzione

Editorial oversight: Avv. Federico Papa·ICAMUpdated 25 August 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction