Differentiated autonomy, the jurist Azzariti: "Sardinia risks losing ground"
The opinion of the professor of constitutional law at the "La Sapienza" University of Rome: «The stronger Regions would acquire greater powers»
«I see risks for special autonomies. Sardinia and the other Regions with special statutes will end up losing ground compared to the stronger ones which would acquire greater powers with differentiated autonomy».
The reflection of Gaetano Azzariti, professor of constitutional law in the Faculty of Law of the "La Sapienza" University of Rome , starts from the debate on autonomy caused by the draft reform presented by the Minister of Regional Affairs Calderoli.
«All this then - explains the jurist - risks nullifying the recognition in our Constitution of the principle of insularity which in reality was already referred to in the Constitution before the 2001 reform, then abandoned, and which recently had a complete definition. It is a principle of great importance for Sardinia, but which needs to be accompanied and supported in the coming months with consequent acts".
Professor, what doesn't convince you?
«There is a race to appropriate the functions (all those connected to the matters indicated in the third paragraph of article 116) which ends up obscuring the true principle that should constitute the compass to legitimize the broadest autonomy: that of "differentiation" which should link decentralization to the different needs of the regions. Just to give an example, the utmost account should be taken of the peculiarity that derives from living in Sardinia (or in other islands), which necessarily entails a situation of disadvantage in terms of air and sea connections to and from the Continent. Ensuring greater autonomy and greater guarantees, also in order to allow adequate investments, appears necessary in order to respect the principle of equality among all Italian citizens. In other words, it seems necessary to differentiate by providing more transport services to ensure the right of Sardinians to travel for work and health reasons or simply for tourism. And the same could be said for other peculiarities in other parts of the territory which should push us to extend autonomy to ensure the right to health or education in parts of our country - small islands or territories without adequate structures - without hospitals or schools ».
What to do?
«I believe that we must start again by looking at the needs and peculiarities of the territories, in line with what the Constitution tells us when it conditions the recognition and promotion of autonomies to the unity and indivisibility of the Republic. A reform must necessarily start from this premise ».
What are the weak points of the proposal for differentiated autonomy being discussed these days?
«There is no great clarity. A differentiated autonomy "regardless" is envisaged. I mean that even in the absence of the necessary prerequisites (the definition of the essential levels of services that should be respected throughout the national territory and a system of allocation of resources calculated with reference to standard costs and needs) there is nonetheless an attempt to transfer the functions and relative powers to the Regions which request them in any case . Trusting that sooner or later the necessary essential levels of services will be defined by Parliament and that the unfair criterion of historical expenditure will be overcome. But if this hasn't been done up to now, why should it happen later, when there isn't even the stimulus dictated by the will of the regions most advantaged today to secure further forms of autonomy?».
What's the risk?
«That of splitting Italy , with the accentuation of new and serious inequalities between territories. Between north and south, but also between special statute regions, ordinary statute regions and regions with particular conditions of autonomy. A "Babel" that this hypothesis of differentiated autonomy brings with it. It doesn't seem like the best solution to me, it's better to stop and go back to reflecting on the state of the autonomies and the reasons for the differentiation".
"I'm ready to rewrite the draft on differentiated autonomy," said Minister Calderoli, before adding: "I'm convinced that this is the right time for federalism."
“Federalism is a slogan, anything can be hidden behind it , even de facto separatism. Personally I think it would be more useful to refer to our historical tradition which has its roots in the republican and federalist thought of intellectuals such as Cattaneo and Ferrari».
