Fonti e diritti nella prospettiva dell’autonomia differenziata: la sent. n. 192 del 2024 tra forma e sostanza
Journal title CITTADINANZA EUROPEA (LA)
Author/s Alessandro Morelli
Publishing Year 2025 Issue 2024/2
Language Italian Pages 17 P. 147-163 File size 105 KB
DOI 10.3280/CEU2024-002005
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The article analyzes Judgment No. 192 of 2024 of the Italian Constitutional Court, which declared multiple provisions of Law No. 86 of 2024, implementing Article 116, third paragraph, of the Constitution, unconstitutional. The analysis focuses on the sections of the ruling addressing the normative sources of differentiation and the Essential Levels of Services (LEP), aimed at ensuring civil and social rights across the entire national territory. The Court reaffirms the central role of Parliament, as the body representing national political will, even in the differentiation process, emphasizing that the determination of LEP cannot bypass parliamentary oversight within the framework of legislative delegation. LEP, in fact, serve as a fundamental tool through which the state legislature upholds the principle of substantive equality within a differentiated institutional system. The judgment thus highlights the importance of balancing regional differentiated autonomy with national unity, in compliance with the fundamental principles of the constitutional order.
Alessandro Morelli, Fonti e diritti nella prospettiva dell’autonomia differenziata: la sent. n. 192 del 2024 tra forma e sostanza in "CITTADINANZA EUROPEA (LA)" 2/2024, pp 147-163, DOI: 10.3280/CEU2024-002005