Abstract
This chapter illustrates the evolution of the territorial structure of Italy from 1948 to 2017. This narrative is based on a theoretically grounded explanation of the definitions, key features, and underlying causes of the various forms of territorial organization.
The second part of this chapter discusses two arguments on which the analysis carried out in Chaps. 3, 4, and 5 is based. First, the author argues that the Italian path to decentralization has been the result of tension between a centralist tradition and federalist ambitions and still lacks a definitive and clear direction. The second argument is that the evolution of the decentralizing process in Italy has been fitful, featuring peaks of change alternated by phases of stalemate.
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Notes
- 1.
VV.AA (2016, 9) define territorial public authorities as “those authorities for which the territory does not only set the boundaries of the scope of competence and efficacy of the powers, but it is also its constitutive element.” In Italy, they are the regions, the provinces, the municipalities, and the metropolitan areas.
- 2.
Padania is the term used by LN propaganda to identify the alleged “territory of the north” that should be made autonomous from the rest of Italy. Ideally, it should include the regions in the area surrounding the Po River (the Padana Valley)—namely, Lombardy, Veneto, Piedmont, Liguria, and Emilia Romagna . The boundaries of such territory, however, are far from straightforward.
- 3.
The Swiss constitution specifies that any constitutional change must be approved by a referendum, which must obtain both the majority of votes of the people and the majority of the cantons.
- 4.
- 5.
VV.AA (2016, 27) classify the juridical autonomy of the territorial authorities as normative (further distinguished as legislative, statutory, and regulatory) administrative, and financial .
- 6.
The Constitutional Commission was composed of 75 members of the Constituent Assembly (“Committee of Seventy-Five”), elected by and among its members, with the task of designing and proposing a draft constitution to be debated by the Assembly. The Committee of Seventy-Five was further divided into three subcommissions, each of them dealing with different aspects of the constitutional charter (Rights and Obligations of the Citizens; Constitutional Organization of the State, including the regions; Economic and Social Relations). A drafting committee (“Committee of Eighteen”) had the task of harmonizing and coordinating the work of the subcommittees. The committee for the autonomies was composed of members of the second subcommittee and was charged with the task of working specifically on local autonomies. http://archivio.camera.it/patrimonio/archivi_della_transizione_costituzionale_1944_1948/atc04/documento/CD1700000456; http://en.camera.it/4?scheda_informazioni=24 (accessed October, 30 2017).
- 7.
All the debates of the Constituent Assembly are drawn from the online archives at www.nascitacostituzione.it
- 8.
This incident was recalled by Meuccio Ruini at the June 12, 1947, meeting of the Constituent Assembly to discuss Article 5.
- 9.
During the second subcommission’s discussion of Article 5, Umberto Nobile recalled the declaration of Andrea Finocchiaro Aprile , member of the Sicilian Independentist Movement , who argued that Sicilian autonomy was the first step toward the full independence of the island (meeting of November 15, 1946, of the second subcommission).
- 10.
During the March 5, 1947, session of the Constituent Assembly , Renzo Laconi declared that “… it is undeniable that the creation of the region … allows [us] to bring the state machinery closer to the people and put it under its control. … But there is no doubt that when Regions are endowed with powers that go beyond the administrative ones … we cannot support it anymore. … We think it will lead to the fragmentation of the legislative power, to the disaggregation of the unity of the country” (pp. 1785–1786).
- 11.
For the declarations of Pietro Nenni and Palmiro Togliatti on concerns related to the regions and the likely threat to the unity of the nation, see also the debate on Article 5 at the meetings of the Constituent Assembly on, respectively, March 10 and 11, 1947.
- 12.
Amendment proposed by the socialists Angelo Carboni, Carlo Ruggiero , Luigi Preti , Giovanni Cartia , and Danilo Paris (session on March 22, 1947).
- 13.
Meeting of March 24, 1947.
- 14.
All the translations of the articles of the Italian Constitution that are still in force, when not specified otherwise, are taken from the translations provided by the website of the Italian Senate: www.senato.it/documenti/repository/istituzione/costituzione_inglese.pdf
- 15.
This article was amended by Legge costituzionale (L.Cost.) October 18, 2001, n. 3. The translation of this version of this article of the Constitution of 1948 is taken from CODICES, the InfoBase on Constitutional Case Law of the Venice Commission. This source has been used for the translation of those articles that are no longer in force, when not indicated otherwise: www.codices.coe.int/NXT/gateway.dll?f=templates&fn=default.htm
- 16.
Repealed by L. Cost. 3/2001.
- 17.
In 1948, four constitutional laws set up the special regions—namely, Sicily, Sardinia , Trentino-Alto Adige, and Valle d’Aosta—pursuant to Article 116 of the Constitution . The fifth Special Statute Region, Friuli Venezia Giulia, was acknowledged with Legge costituzionale January 31, 1963, n. 1. Article 116 of the Constitution was amended by L. Cost . 3/2001.
- 18.
Amended by L. Cost. 3/2001.
- 19.
Amended by L. Cost. 3/2001.
- 20.
Amended by L. Cost. 3/2001.
- 21.
Amended by L. Cost. 3/2001.
- 22.
Amended by L. Cost. 1/1999 and L. Cost. 3/2001.
- 23.
Amended by L. Cost. 1/1999.
- 24.
Amended by L. Cost. 1/1999.
- 25.
Legge February 10, 1953, n. 62 “Constitution and functioning of the regional bodies.” It was mostly repealed by Legge December 23, 1970, n. 1084.
- 26.
Declaration of Giulio Turchi (PCI) at the meeting of the Chamber of Deputy on November 22, 1951 (Atti Parlamentari, 33392): “You [Christian Democrats] were strongly regionalists … until you were afraid that the development of the political events within and outside the country could bring you to a position of control and opposition and not of government; … you did not officially deny the regionalist position … and this is proven by the fact that we are voting on this law … but you deprived the regions as much as you could, to reduce it as a sort of big province, subjected to the will of the government.”
- 27.
The convergence of the PSI with the DC and its simultaneous estrangement from the PCI were first announced during the XXXII Congress of the PSI, held in Venice in 1957 and further affirmed at the XXXIV Congress in Milan in 1961 (see www.dellarepubblica.it/congressi-psi/xxxii-congresso-venezia-6-10-febbraio-1957 and www.dellarepubblica.it/congressi-psi/xxxiv-congresso-milano-16-18-marzo-1961).
- 28.
In the “Communication of the Government” in the meeting of the Senate on December 12, 1963 (Atti Parlamentari, 3954), the appointed Prime Minister Moro stated that the priorities of the new government included “the creation of the ordinary regions , a highest form of autonomy and moderation of the central power of the state …,” while also pointing out that “this reform would be difficult to implement in a political situation with no consistent majority to bear the burden of this innovation, namely avoiding the risk of dissolution of the state.”
- 29.
Legge February 17, 1968, n. 108 “Rules for the elections of the Regional Councils of the Ordinary Regions.”
- 30.
Legge March 18, 1968, n. 249 “Delegation to Government for the reorder of the State Administration, decentralization of the functions and the redefinition of the careers and retributions for state employees.”
- 31.
Legge May 16, 1970, n. 281 “Financial measures for the implementation of the Ordinary Regions.”
- 32.
They were essentially state transfers, as the law did not envisage any autonomous taxation power for the region, which had no income of its own.
- 33.
Decreti del Presidente della Repubblica (DPR) N. 1-11 of 1972.
- 34.
Legge October 28, 1970, n. 775 “Modifications and integrations to Legge 18 marzo 1968, n. 249.” The law tasked the government with adopting decrees concerning the reordering of the central and peripheral administrations, taking into account the transfer of functions from the state to the regions.
- 35.
Legge July 22, 1975, n. 382 “Norms on the regional rules and organization of public administration.”
- 36.
Decreto del Presidente del Consiglio dei Ministri October 12, 1983. More information on this institutional body is available on the State-Regions Conference website: http://www.statoregioni.it.
- 37.
Article 12 of Legge August 23, 1988, n. 400 “Discipline of the Government activity and regulation of the Presidency of the Council of Ministers.”
- 38.
Legge June 8, 1990, n. 142 “Regulation of local autonomies.”
- 39.
In this period, other, minor reforms were adopted, such as one concerning the direct election of mayors (Legge March 25, 1993, n. 81 “Direct election of the mayor, president of the Province, of the Municipal Council and Provincial Council”) and another implementing a new electoral law in the regions (Legge February 23, 1995, n. 43 “New dispositions for the election of the Ordinary Regions,” also referred to as “Legge Tatarella”); the latter, however, was gradually replaced by statutes from the regions themselves, which now have the power to autonomously approve their own electoral laws, pursuant to Article 122 of the Constitution, as amended by L. Cost . 1/1999 (see also below).
- 40.
The PD was created after the DS merged with the centrist Democracy Is Freedom—The Daisy (heir to the Italian’s People Party, which was created in its turn after a split within the left wing of the DC ).
- 41.
Decreto legislativo December 15, 1997, n. 446 “Institution of the regional tax on the productive activities, revision of the tax brackets, and Irpef deduction and institution of a regional personal income tax, as well as reorganization of discipline on local taxation” based on delegating law Legge December 23, 1996, n. 662 “Measures of rationalization of public finance.”
- 42.
Decreto legislativo February 18, 2000, n. 56 “Dispositions concerning fiscal federalism, pursuant to article 10 of Legge 13 maggio 1999, n. 133.” Based on Legge May 13, 1999, n. 133 “Rules concerning the equalization, rationalization and fiscal federalism.”
- 43.
However, the decisional role of the state still remains relevant to the extent that the latter establishes the quotas for regional participation.
- 44.
Legge March 15, 1997, n. 59 “Delegation to the Government for the transfer of functions and tasks to the regions and local authorities, for the reform of Public Administration and the administrative simplification.” It was implemented with the Decreto Legislativo March 31, 1998, n. 112 “Transfer of functions and tasks to the regions and local authorities, pursuant to chapter I Legge 15 marzo 1997 n. 59.”
- 45.
Legge May 15, 1997, n. 127 “Urgent measures for the simplification of the administrative activity and of the decisional and control procedures.”
- 46.
Legge costituzionale November 22, 1999, n. 1 “Norms concerning the direct election of the President of the Regional Giunta and the statutory autonomy of the Regions.”
- 47.
Passed by Parliament on March 8, 2001, it was then adopted after the approval with Constitutional Referendum as Legge costituzionale October 18, 2001, n. 3 “Amendments to the Title V of part second of the Constitution.”
- 48.
Useless reform is the definition adopted by the governor of Veneto, Giancarlo Galan of the Casa delle Libertà (“Referendum inutile, non cambia nulla. Meglio la mia proposta di Statuto” in Corriere della Sera, October 8, 2001); likewise, the then-LN deputy Roberto Maroni defined it a fake reform (“Un referendum respingerà questo falso federalismo” in La Padania , March 7, 2001).
- 49.
Not all the center-right politicians, however, shared this perspective on the reform. Roberto Formigoni , for instance, who was then the center-right governor of the northern region of Lombardy, supported the yes camp (“Formigoni: Sì al referendum ma niente guerre di religione” in La Repubblica of October 5, 2001).
- 50.
Electoral data available at http://elezionistorico.interno.it/index.php?tpel=F&dtel=07/10/2001&tpa=I&tpe=A&lev0=0&levsut0=0&es0=S&ms=S. Unlike for abrogative referenda, for confirmatory referenda it is not necessary to achieve a quorum of voters to validate a consultation.
- 51.
It has been observed, however, that this distribution is far from clear and unambiguous. For instance, D’Atena (2006) argues that the field of education has been both an exclusive state competence and a concurrent one: the boundary between “general norms on education” (a state competence) and “education, without infringement of the autonomy of schools and other institutions, and with the exception of vocational training” (a matter of concurrent legislation) is difficult to define. The Constitutional Court, moreover, has contributed to these with its somewhat “creative” jurisprudence.
- 52.
The reform also modified the so-called principle of parallelism of the functions, according to which regions could exert administrative powers in the matters where they had legislative (concurrent) competency. The new Article 118 established the primary administrative roles of the municipalities regardless of the distribution of competencies set by Article 117 Constitution .
- 53.
Before then, however, regions might raise the question of constitutionality anyway, according to Article 2 of the Legge costituzionale February 9, 1948, n. 1.
- 54.
- 55.
It should be pointed out that the since the 2006 election the electoral system has returned to the proportional rule.
- 56.
Legge May 5, 2009 n. 42 “Delegation to Government on fiscal federalism, implementing article 119 of the Constitution.”
- 57.
An updated account of the process of implementation is provided on the Italian Parliament’s website, www.parlamento.it/parlam/leggi/deleghe/09042ld.htm (accessed November 1, 2017).
- 58.
Decreto Legislativo May 6, 2011, no. 68 “Norms concerning the revenue autonomy of the Ordinary Regions and the Provinces, as well as the determination of the costs and standard needs of the health sector.”
- 59.
Decreto Legislativo May 31, 2011, n. 88 “Norms concerning additional resources and special intervention for the removal of socio-economic gaps, pursuant to article 16 of the Legge 5 maggio 2009, n. 42.”
- 60.
Legge costituzionale April 20, 2012, n. 1 “Introduction of the principle of the balance of budget in the Constitution.”
- 61.
Legge costituzionale 16A03075 “Norms for the abolition of the perfect bicameralism, reduction of the number of parliamentarians, reduction of the costs of functioning of the institutions, abolition of the CNEL and reform of Title V of the second part of the Constitution.”
- 62.
Indeed, several commentators have pointed out that Renzi personalized this referendum when he announced that he would resign in the case of rejection.
- 63.
http://elezionistorico.interno.it/index.php?tpel=F&dtel=04/12/2016&tpa=Y&tpe=A&lev0=0&levsut0=0&es0=N&ms=S (accessed on November 1, 2017).
- 64.
It should be stated that Legge April 7, 2014 n. 56 (“Legge Delrio”) had already changed the role of the provinces, which were now second-order administrative authorities. Provincial Councils are no longer directly elected. It also turned some provinces into metropolitan areas.
- 65.
This index considers the main subnational levels to be regions, which can be granted financial, administrative, legislative, and statutory powers; and municipalities and provinces (reformed with L. 56/2014), which can be granted financial and administrative autonomy .
- 66.
The final index, obtained by adding up all the scores, shows a positive and significant correlation with the Regional Autonomist Index (RAI), which measures the autonomy of the subnational levels in 81 countries over the period 1950–2010 (Schakel 2009a; Hooghe et al. 2010, 2016) (Pearson pairwise correlation values r (63) =.99, p <.001). This correlation confirms the validity of the score used in this research.
- 67.
Because dividing a number by zero is impossible, all values of DI were raised by 1 point to obtain valid values of the annual percentage change.
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Basile, L. (2019). Setting the Scene: The Direction and Pattern of Decentralization in Italy. In: The Party Politics of Decentralization. Comparative Territorial Politics. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-75853-4_2
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