The Constitutional Court has declared
inadmissible a referendum for the abrogation of the government's
legislation bringing in 'differentiated autonomy' to enable
regions to request more power over how the tax revenues
collected in their areas are spent.
The Court's 11 judges ruled that the "object and the aim of the
question" posed by the referendum "are unclear".
This issue hinders the voter's possibility of "making an
informed decision", said the judges, who are 11 instead of 15 as
Parliament has yet to elect the missing top judges after the
mandates of four members of the court expired.
The supreme Cassation Court on Tuesday elected the
Constitutional Court's new president, Giovanni Amoroso.
Moreover, the "referendum would have an impact that alters its
function, becoming a choice on differentiated autonomy, as such,
and finally on article 116, third comma, of the Constitution,
which cannot be the object of an abrogative referendum, but only
of a constitutional reform", the judges ruled.
Late last year, the Constitutional Court ruled that it did
consider specific parts of the law "illegitimate", saying they
needed to be corrected.
In particular, one of the issues raised regarded the legitimacy
of the minimum levels of service (LEPs) that must be provided by
all regions nationwide being updated via a decree issued by the
premier.
Another issue regarded "optionality for the regions receiving
devolution, to contribute to public finance objectives, rather
than the obligation to do so, with consequent weakening of the
bonds of solidarity and the unity of the Republic".
The court said it was up to parliament to resolve the issues it
has identified.
Meanwhile, late on Monday, the Constitutional Court said five
other referenda were admissible: one aims to halve from 10 to
five the number of years of continual legal residence required
for foreign citizens to obtain Italian citizenship.
Others concern the Jobs Act labour legislation, rules regulating
how workers are laid off in small businesses, short-term
contracts and the social responsibility of tendering
regulations. And on Tuesday the leader of the largest and most
left-wing union CGIL, Maurizio Landini, said the upcoming
"spring of voting and rights" would bring "democracy and
participation", speaking on the sidelines of an event organized
by the FLC-CGIL teachers union to promote the referenda declared
admissible by the Constitutional Court.
The referenda regarding changes to the labour market "outline
the need to turn the page and citizens have the possibility of
doing it directly", he said.
The campaign for the referenda was launched by CGIL on April 25
last year to promote changes to labour legislation including the
reinstatement of workers in the event of unjustified dismissal;
to scrap a six-month limit on compensation for dismissal,
including in small and medium-seized companies; to clamp down on
what CGIL has slammed as a liberalization of short-term
contracts and re-establish liability for subcontractors to boost
security and prevent accidents on the job.
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