Puglia's Appeal Against Differentiated Autonomy: The Battle Over Essential Performance Levels and Fiscal Federalism

1. The facts

   According to reports by outlets such as ANSA and Il Sole 24 Ore, the Puglia Region launched a legal challenge against Law No. 86 of June 26, 2024, immediately after its enactment. Under the presidency of Michele Emiliano, Puglia was the first Ordinary Statute Region to file a direct appeal before the Constitutional Court, challenging the constitutionality of the entire framework of the so-called Calderoli reform. The proceedings reached a turning point in December 2024, when the Court partially upheld the regional claims, declaring seven specific aspects of the law unconstitutional. However, the matter did not end with that ruling. In July 2026, following the approval of preliminary agreements between the Government and the Liguria, Lombardy, Piedmont, and Veneto Regions, the new President of the Puglia Region, Antonio Decaro, announced a further appeal. According to La Repubblica, Puglia argues that the Government is proceeding with the transfer of administrative functions without having previously defined the LEPs through ordinary law, thereby violating the Court's mandate. Currently, the appeal has been announced and is in preparation.

2. 

   The laws at stake

   The appeal is grounded in a complex framework of constitutional provisions. Article 3 of the Constitution serves as the pivotal benchmark guaranteeing the equality of citizens: Puglia fears that autonomy could fragment the unity of civil and social rights. Article 116, paragraph 3, is invoked to challenge the scope of the transfer, arguing that the Constitution permits the delegation of only specific functions rather than entire legislative matters. Crucial is Article 117, paragraph 2, letter (m), which reserves to the State exclusive competence in determining the Essential Levels of Performance (LEP); the Apulian argument stresses that such determination cannot occur through simplified administrative acts, but requires full parliamentary debate. Finally, Article 119 establishes the principles of fiscal federalism and equalization, dictating that transferring resources to wealthier regions must not compromise the equalization fund for territories with lower fiscal capacity, under penalty of violating national solidarity.

3. What the jurisprudence says

   Constitutional jurisprudence has clarified that differentiated autonomy cannot turn into a secession of the wealthy. The fundamental principle established is that the transfer of powers to the Regions must aim at improving administrative efficiency rather than creating territorial privileges. The Court ruled that the LEPs represent an inviolable core of rights that must be guaranteed uniformly across the national territory prior to any devolution. Furthermore, recent rulings emphasize that Parliament cannot be sidelined in the process of approving agreements: the accord between State and Region is not an untouchable private contract, but an act subject to scrutiny and potential amendments by the Houses to protect the national interest. Finally, the Court reiterated that the principle of fiscal neutrality cannot justify failing to fund essential services in more disadvantaged areas.

5. Analysis drafted and verified with edit.legal

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8. What it teaches professionals

   1. Always verify the legal basis of the delegation: in relations with the public administration, it is essential to ascertain whether the entity exercising a function operates in compliance with state statutory reserves.
   2. Monitor the evolution of LEPs: for corporate counsel, the definition of these levels will serve as the new benchmark for challenging local administrative acts that impose insufficient standards or excessive burdens.
   3. Leverage the principle of subsidiarity: every form of decentralization must be justified by demonstrated management efficiency, providing a solid legal argument to contest transfers of authority driven purely by political or bureaucratic considerations.

References: Art. 3 Cost.Art. 116 Cost.Art. 117 Cost.Art. 119 Cost.L. 86/2024Corte cost. 192/2024

Editorial oversight: Avv. Federico Papa·ICAMUpdated 17 September 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