The implementation of differentiated regionalism in Italy between legislation and constitutional jurisprudence

Abstract

The dynamics of implementation of Italian regionalism have historically been marked by elements of difficulty, arising at different times from diverse causes. Although the constitutional reforms of 2001 appeared to move toward a quasi-federal model, the effective operation of State–Region relations has revealed a tendency toward recentralization of powers, partly supported by the jurisprudence of the Constitutional Court, which has historically favored the requirements of unity over those of decentralization. Expectations for the strengthening of the Regions – particularly those in Northern Italy – have therefore focused on the implementation of differentiated regionalism as provided for in Article 116(3) of the Constitution, namely the possibility of requesting and obtaining from the State, through specific agreements, additional powers beyond those attributed to ordinary Regions. This process has given rise to intense debate, driven by concerns that it could result in inequalities in the enjoyment of rights among citizens residing in different territories of the Republic, depending on the Regions’ greater or lesser capacity to finance the relevant public services. This article aims to analyze the process of implementing differentiated regionalism in light of the landmark Decision No. 192 of 2024 of the Constitutional Court, which reshaped the configuration of Italian regionalism. To this end, the study adopts a qualitative constitutional-legal methodology, based on the historical-dogmatic reconstruction of the institution and on a critical examination of the reasoning developed by the Constitutional Court, highlighting the implications that may arise for the future arrangements of the autonomous system.