In recent days, the press has reported yet another challenge by the Council of Ministers against a Sardinian regional law. The seventh, to be precise, under Alessandra Todde's government. Specifically, and to meet the need for precision, the Council of Ministers, acting on a proposal from Minister for Regional Affairs and Local Authorities Roberto Calderoli, has decided to challenge Sardinia Regional Law No. 24 of September 11, 2025, concerning the 2025-2027 budget adjustment and budget variations, because "certain provisions, exceeding their statutory powers and conflicting with state legislation regarding access to public employment and collective bargaining, violate the principles of equality, impartiality, and proper functioning of public administration, as set forth in Articles 3 and 97 of the Constitution, as well as Article 117, paragraph 2, letter l) of the Constitution."

No question. This is even more true when one considers that, by specific legal provision, when the Government believes that a regional law exceeds the jurisdiction of the Region, it can raise a question of its constitutionality within sixty days of its publication. However, given the recent Calderoli Reform on differentiated autonomy, which entails the redefinition of the State-Regional relationship in terms of their respective competences, such a challenge could likely (the use of the dubious formula is mandatory) stifle the dialogue between the Central Government and the Sardinian Regional Government in this specific case, and the Regional Government in general.

And yet, it would probably have been more useful to initiate a preliminary political dialogue, quite different from the instrument of prior control/approval, between the two different levels of government. This would resolve any concerns by establishing appropriate coordination mechanisms between the State and the Region, thus avoiding legal action that could paralyze land management activities. Put differently, with good plausibility, appeal should be the "last resort." This would allow the Region to fully enjoy its statutory autonomy and streamline and expedite its land management activities.

First, because Italy is notoriously characterized by a so-called regional system, quite distinct from that of a federal state, founded on a system centered on the complex division of powers between the center and the periphery. Second, because regionalism, strictly speaking, seems to have represented and continues to represent the emblem of the dynamics of relations between the various territorial entities and the single state, also with a view to better defining the so-called "Southern Question" aimed at improving the economic and social fortunes of southern Italy and the islands. Finally, because in the dynamics of relations between the state and the regions, political debate would enhance forms of loyal and effective collaboration useful for limiting the possibility of appeals by the government itself.

Giuseppina Di Salvatore – Lawyer, Nuoro

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