Autonomy Referendum Deemed Inadmissible by Constitutional Court

Rome: The Constitutional Court has declared inadmissible a referendum aimed at overturning government legislation that allows regions to request more control over the allocation of tax revenues collected in their areas under ‘differentiated autonomy’.

According to Ansa News Agency, the Court’s 11 judges found the referendum’s question to be unclear in both objective and purpose, thus impairing voters’ ability to make informed decisions. The Court is currently composed of 11 judges instead of the usual 15, as Parliament has yet to appoint replacements for four judges whose terms have expired.

Giovanni Amoroso has been elected as the new president of the Constitutional Court by the supreme Cassation Court. The judges ruled that the impact of the referendum would alter its intended function, transforming it into a choice on differentiated autonomy. They emphasized that article 116, third comma, of the Constitution cannot be subject to an abrogative referendum but requires a constitutional reform.

Last year, the Constitutional Court identified certain parts of the autonomy law as “illegitimate” and requiring correction. Issues included the legitimacy of updating the minimum levels of service (LEPs) through a decree by the premier and the optional nature for regions with devolved powers to contribute to public finance objectives.

The Court has tasked Parliament with resolving these issues. Meanwhile, the Constitutional Court has declared five other referenda admissible, including one aimed at reducing the years of legal residence required for foreign citizens to obtain Italian citizenship.

On Tuesday, CGIL union leader Maurizio Landini expressed optimism about the “spring of voting and rights” bringing democracy and participation. He highlighted the importance of referenda in enabling citizens to directly influence changes in labor market legislation. The CGIL initiated the campaign for these referenda on April 25 last year to advocate for reforms in labor laws, including measures against unjustified dismissals and the liberalization of short-term contracts.