Rome takes Sardinia before the Constitutional Court. The Meloni Government today challenged the Sardinian law on the reorganization of healthcare , approved by the Regional Council at the beginning of March. The opposition comes after the first objections raised by ministerial offices in recent weeks, which foreshadowed the definitive move with the request for intervention by the constitutional judges.
At the heart of the appeal, the torpedoing of the general managers decided by legislative means first by the Council of Alessandra Todde and then by the Sardinian Assembly that put the seal on the Executive's bill. But for the Government, the choice to send home the managers appointed by the center-right in January 2022 is " in contrast with articles 97, 98 and 117 of the Constitution ". Hence the appeal formalized by the Council of Ministers in this morning's session.
As the hours pass, the Government's objections will be better understood and in detail. Certainly, " the foreseen possibility of an automatic dismissal of company leaders configures a hypothesis of spoils system censured several times by the Constitutional Court , because it is considered in contrast with the guarantees inferable from the constitutional principle of continuity of administrative action, pursuant to article 97, second paragraph", is written in a passage of the document prepared by the Department for Regional Affairs and voted today by the Council of Ministers.
The compass for the appeal is precisely the national provisions, according to which a receivership, to be legitimate, must be motivated by " an extraordinary need or by a generic proven and justified impossibility of covering the vacancy through the ordinary procedure ", a condition that according to the Government does not fall "in the regional case" of Sardinia. Furthermore: the dismissal of managers decided with the law voted on the Island at the beginning of March is "completely unrelated to any managerial failures or to the verification of the failure to achieve the objectives by the company's top management".
This law on health is the third that the Council of Ministers has challenged so far . The moratorium on renewables and the rule on suitable areas, always on the subject of green energy, have also ended up before the Constitutional Court.
TODDE – «The Government is challenging a fully effective regional law, already in the implementation phase. Sardinian healthcare needs a change of pace and we will confidently move forward in this direction» , commented the President of the Region, Alessandra Todde, commenting on the news of the challenge.
THE REACTIONS – Meanwhile, the first reactions are arriving on the Government's decision to bring Sardinia, once again, before the Constitutional Court. "Despite the fact that the State Legislative Office's concerns were already known, President Todde has appointed commissioners to the top management of the regional health authorities in total disregard for the most basic principles of administrative and legal prudence", says Fausto Piga, deputy group leader of FdI in the Regional Council . " To avoid making a fool of yourself - he underlines - it would have been enough for the Sardinian government to wait two days. But there is no surprise: the Campo Largo is a sinking ship". Piga brands the law just challenged as a " seat-making law " and says again: "It is normal for this to happen when you write botched laws and govern with reckless conduct".
The 5 Star Movement instead close ranks around the council : "We have learned that the government has decided to challenge the Sardinian regional law on healthcare. So for Chigi, differentiated autonomy is a good thing but only if it is exercised by the Regions governed by the right . The others are good and quiet. A strange concept of autonomy that becomes unconstitutional when it undermines the employers' systems of healthcare. As we have always done in recent months, we will continue to defend the prerogatives of the Region and our autonomy in all appropriate venues", stated the senator and regional coordinator of the M5S Ettore Licheri .
