Suggested citation: S. Gambino, Repubblica delle autonomie e (problematiche di effettività dei) diritti sociali, fra riforme costituzionali (del Tit. V), legislazione di attuazione e principi fondamentali della Costituzione, lceonline (www.lceonline.eu), 1/2024, I/Saggi e contributi, p. 19 ss.
key words: differentiated regional autonomy, fundamental rights, constitutional jurisdiction
Abstract
The implementation of Article 116.3 of the Constitution – both in terms of the modalities used by the legislature and the constitutional repercussions of the regional distribution of powers –shows that the current debate is mainly about the relationship between the (unitary and social) form of the State and fundamental rights. In this framework, the Constitutional Judges has already sanctioned the nature of some of the choices adopted by the legislature in the recent past as “institutional subversions radically incompatible with the fundamental principles of the unity and indivisibility of the Republic, referred to in Article 5 Cost”. With regard to today’s implementation issues, the scenario that is envisaged is therefore that one ensured by the judicial recourse to the “fundamental principles of the Charter” and to fundamental rights, as necessary guarantees for the “political unity of the Nation” and for the equality and effectiveness of rights (social, but not only).
