suggested citation: D. Pappano, Alcuni profili di finanza pubblica dell’attuazione dell’autonomia differenziata: le forzature della legge n. 86/2024 e la diga dalla sentenza n. 192/2024 della Corte costituzionale, lceonline (www.lceonline.eu), 1/2025, Inserto “Verso una nuova forma di Stato? Premierato Elettivo, Magistratura e Autonomia Differenziata”, p. 151 ss.
key words: elective premiership, judiciary, differentiated regionalism
abstract: The article reflects on the implementation of the so-called “differentiated autonomy” pursuant to art. 116, c. 3, of the Constitution, implemented by law no. 86/2024 and involved by recent Constitutional Court ruling (no. 192/2024). The work highlights, with particular regard to financial issues, that the Constitutional Court has significantly scaled down the architecture of law no. 86/2024 and underlined some constitutional framework’ significant distortions imposed by the subtended political will. It is highlighted how the Consitutional Court expressed a constitutionally oriented interpretation of art. 116 c. 3, of the Constitution, and drew the constitutional tracks along which it will be possible to proceed in the future, from which law no. 86/2024 derailed. In particular, the reflection takes place on some aspects of law no. 86/2024 that the Court rejected. In particular about the definition of the transferable functions perimeter, about the procedure for determining the so-called “Lep”, about transferred functions financing mechanism, about the relationship between the financing system for the administrative functions in ordinary autonomy (art. 119 of the Constitution) or in differentiated autonomy (art. 116, c. 3, of the Constitution). It is highlighted how the Court ruling, with regard to the constitutional system of territorial autonomies, identified the point of balance between the opposing needs (unity and differentiation) within it is possible to implement forms of differentiated autonomy, and rejected the structure of law no. 86/2024 aimed at excessively maximizing the autonomy pole with risks of disarticulation.
