ORDER No. 20
YEAR 2024
ITALIAN REPUBLIC
IN THE NAME OF THE ITALIAN PEOPLE
THE CONSTITUTIONAL COURT
composed of: President: Augusto Antonio BARBERA; Judges: Franco MODUGNO, Giulio PROSPERETTI, Giovanni AMOROSO, Francesco VIGANÒ, Luca ANTONINI, Stefano PETITTI, Angelo BUSCEMA, Emanuela NAVARRETTA, Maria Rosaria SAN GIORGIO, Filippo PATRONI GRIFFI, Marco D’ALBERTI, Giovanni PITRUZZELLA, Antonella SCIARRONE ALIBRANDI,
has issued the following
ORDER
in the proceedings concerning the constitutional legitimacy of Article 36, paragraph 1-bis, of Decree-Law No. 48 of May 4, 2023 (Urgent measures for social inclusion and access to the world of work), converted, with amendments, into Law No. 85 of July 3, 2023, promoted by the Campania Region by means of a petition notified on September 1, 2023, filed with the Registry on September 8, 2023, registered under No. 27 of the 2023 petitions register and published in the Official Gazette of the Republic No. 40, first special series, of the year 2023, the hearing of which was scheduled for the meeting in the Council Chamber of January 23, 2024.
Having Seen the deed of constitution of the President of the Council of Ministers;
Having Heard in the Council Chamber of January 24, 2024, Judge Rapporteur Giovanni Pitruzzella;
Resolved in the Council Chamber of January 24, 2024.
Whereas, by means of a petition filed on September 8, 2023 (registered under No. 27 of the 2023 petitions register), the Campania Region challenged Article 36, paragraph 1-bis, of Decree-Law No. 48 of May 4, 2023 (Urgent measures for social inclusion and access to the world of work), converted, with amendments, into Law No. 85 of July 3, 2023, for violation of Articles 117, paragraphs three and four, 118 and 119 of the Constitution, as well as the principle of loyal cooperation pursuant to Articles 5 and 120 of the Constitution;
Whereas the challenged provision establishes the following: «In order to increase the safety of maritime transport, a fund is established in the budget of the Ministry of Infrastructure and Transport, with an allocation of 1 million euros for the year 2023 and 2 million euros for each of the years from 2024 to 2026, intended for the provision of contributions to shipowning companies for the initial training of personnel employed on ships, with particular reference to the missing professional figures in deck, engine, galley and cabin departments. By decree of the Minister of Infrastructure and Transport, in agreement with the Minister of Economy and Finance, the methods of submitting applications for access to the contribution, the criteria for selecting them, the eligible expenses, the methods of disbursement of the contribution, the methods of verification, control and reporting of expenses, as well as the causes of forfeiture and revocation are defined. The contributions referred to in the first sentence shall be assigned to shipowning companies by decree of the Minister of Infrastructure and Transport on the basis of the training activities reported, including the costs for the acquisition of the relevant certifications, if at least 60 percent of the trained personnel is hired. The training courses shall be carried out using the training centers authorized by the General Command of the Harbour Master’s Office. The expenses arising from the implementation of this paragraph, equal to 1 million euros for the year 2023 and 2 million euros per year for each of the years from 2024 to 2026, shall be covered by a corresponding reduction in the expenditure authorization referred to in Article 3, paragraph 33, of Law No. 244 of December 24, 2007»;
Whereas the petitioner objects, first of all, to the second sentence of the aforementioned Article 36, paragraph 1-bis, «in the part in which – with reference to the Fund established for the provision of contributions to shipowning companies for the initial training of personnel employed on ships […] – it delegates the definition of the methods of submitting applications for access to the contribution, the criteria for selecting them, the eligible expenses, the methods of disbursement of the contribution, the methods of verification, control and reporting of expenses, as well as the causes of forfeiture and revocation to a decree of the Minister of Infrastructure and Transport, in agreement with the Minister of Economy and Finance, without providing for any form of involvement of the Regions»;
Whereas the petitioner also objects to the third and fourth sentences of the aforementioned Article 36, paragraph 1-bis, «in the part in which it establishes itself – instead of providing for its definition after involving the Regions – a detailed implementing regulation»;
Whereas, according to the petitioner, Article 36, paragraph 1-bis, would fall within the subject matters of local public transport, vocational training, labor, major transport and navigation networks, and the protection and safety of labor, all falling within the legislative competence of the Region pursuant to Article 117, paragraphs three and four, of the Constitution;
Whereas, furthermore, the case law of this Court would have excluded the constitutional legitimacy of state funding with a binding destination, even in favor of private entities, in regional matters;
Whereas, both in cases of overlap of state and regional competences, and in cases of call in subsidiarity pursuant to Article 118, first paragraph, of the Constitution, the establishment of a state fund with a binding destination should be accompanied by the provision of a link with the regions in the implementation phase of the legislative rule;
Whereas, by means of a deed filed on October 10, 2023, the President of the Council of Ministers, represented and defended by the State Attorney General’s Office, has constituted himself in the present proceedings;
Whereas the respondent raises the inadmissibility of the petition for incomplete reconstruction of the regulatory framework and asserts, in any case, its unfoundedness;
Whereas, according to the respondent, the definition of training standards (and related certifications) of embarked personnel would be attributable to the subject matter of the safety of maritime navigation and, therefore, would fall within the exclusive legislative competence of the State pursuant to Article 117, second paragraph, letter h), of the Constitution.
Considering that, by means of a deed filed on January 18, 2024, the Campania Region has waived the petition, on the basis of the resolution of the Regional Council of January 17, 2024, No. 22;
That it results from this resolution that the waiver is aimed at «not prejudicing the expectations» of the Campania shipowning companies that are recipients of deeds granting the contribution «and the purposes underlying the intervention»;
That the acceptance of the waiver by the President of the Council of Ministers has not been received;
That, in the presence of a waiver not accepted by the constituted respondent, this Court declares the cessation of the subject matter of the dispute, if there is no interest of the respondent in the decision (ex multis, judgments No. 229, No. 221, No. 187 and No. 118 of 2021);
That, therefore, the cessation of the subject matter of the dispute must be declared in relation to the issues raised by the Campania Region on Article 36, paragraph 1-bis, of Decree-Law No. 48 of 2023, as converted.
For These Reasons
THE CONSTITUTIONAL COURT
Declares the cessation of the subject matter of the dispute in relation to the issues of constitutional legitimacy of Article 36, paragraph 1-bis, of Decree-Law No. 48 of May 4, 2023 (Urgent measures for social inclusion and access to the world of work), converted, with amendments, into Law No. 85 of July 3, 2023, raised, with reference to Articles 117, paragraphs three and four, 118 and 119 of the Constitution, as well as the principle of loyal cooperation pursuant to Articles 5 and 120 of the Constitution, by the Campania Region with the petition indicated in the preamble.
Thus decided in Rome, at the seat of the Constitutional Court, Palazzo della Consulta, on January 24, 2024.
Signed:
Augusto Antonio BARBERA, President
Giovanni PITRUZZELLA, Rapporteur
Roberto MILANA, Director of the Registry
Filed with the Registry on February 19, 2024