ORDER NO. 118
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 rendered the following
ORDER
in the proceedings concerning the constitutional legitimacy of Article 10, paragraph 2, of the Autonomous Province of Bolzano Provincial Law No. 9 of 3 August 2022 (Adjustment of the Autonomous Province of Bolzano's budget forecast for the fiscal year 2022 and for the three-year period 2022-2024), instituted by the President of the Council of Ministers by means of a petition served on 4 October 2022, filed with the Registry on 5 October 2022, entered at no. 63 of the 2022 register of petitions and published in Gazzetta Ufficiale della Repubblica no. 43, first special series, of the year 2022, the hearing of which was set for the Chamber Council meeting of 4 June 2024.
Having regard to the joinder of the Autonomous Province of Bolzano;
having heard the Reporting Judge, Angelo Buscema, at the Chamber Council meeting of 5 June 2024;
having deliberated at the Chamber Council meeting of 5 June 2024.
Considering that, by petition filed on 5 October 2022 and entered at no. 63 of the 2022 register of petitions, the President of the Council of Ministers raised questions of constitutional legitimacy of Article 10, paragraph 2, of the Autonomous Province of Bolzano Provincial Law No. 9 of 3 August 2022 (Adjustment of the Autonomous Province of Bolzano's budget forecast for the fiscal year 2022 and for the three-year period 2022-2024), with reference to Articles 81, 97, 100, second paragraph, 117, second paragraph, letters e) and l), and 119 of the Constitution, the fundamental principles laid down by the State in the matter of "coordination of public finances" pursuant to Article 117, third paragraph, of the Constitution, and Articles 4 and 8 of Presidential Decree No. 670 of 31 August 1972 (Approval of the consolidated text of constitutional laws concerning the special statute for Trentino-Alto Adige), in relation to Article 47, paragraph 5 et seq., of Legislative Decree No. 165 of 30 March 2001 (General rules on the organization of work in the employ of public administrations);
that the impugned provision stipulates that: "2. The following article shall be inserted after Article 5 of Provincial Law No. 6 of 19 May 2015, and subsequent amendments: "Article 5/bis (Provisions concerning the certification of provincial collective bargaining) - 1. The Province shall promote the approval of a specific implementing provision of the Special Statute, in order to introduce at provincial level a provision on the verification by the Court of Auditors of the reliability of the quantification of the costs of provincial collective bargaining and its compatibility with the programming and budgetary instruments, provided for the State by Article 47 of Legislative Decree No. 165 of 30 March 2001, and subsequent amendments. 2. Until the entry into force of the implementing provision, the verification provided for in paragraph 1 shall be ensured by the Province through the reasoned opinion of the Board of Auditors, pursuant to Article 5, paragraph 5, letter c), which shall be supplemented for this purpose with the elements referred to in paragraph 1, while the verification of compliance with the constraints deriving from legal provisions shall be ensured through the reasoned opinion of the evaluation body, pursuant to Article 5, paragraph 5, letter b).”;
that, in the opinion of the petitioner, the impugned provincial provision, by derogating from the competence of the Court of Auditors on the certification of the economic and financial compatibility of collective agreements, would violate Article 100 of the Constitution, which assigns to the audit judiciary homogeneous control functions throughout the national territory, in relation to Article 47, paragraph 5 et seq., of Legislative Decree No. 165 of 2001;
that the impugned provision would also violate Articles 81, 97, 117, second paragraph, letters e) and l), and 119 of the Constitution and Articles 4 and 8 of the Special Statute, as well as the fundamental principles laid down by the State in the matter of "coordination of public finances" pursuant to Article 117, third paragraph, of the Constitution;
that the Autonomous Province of Bolzano joined the proceedings by document filed on 11 November 2022;
that, by memorandum filed on 16 October 2023, the Autonomous Province of Bolzano acknowledges that, with Legislative Decree No. 113 of 31 July 2023 (Implementing provisions of the special statute for the Trentino Alto Adige/Südtirol region amending Presidential Decree No. 305 of 15 July 1988 concerning audits by the Court of Auditors), the statutory implementing provision referred to in the impugned provision has been issued and that, with Article 14, paragraph 1, of the Autonomous Province of Bolzano Provincial Law No. 1 of 26 March 2024 (Amendments to the Autonomous Province of Bolzano budget forecast 2024-2026 and other provisions), Article 5-bis of Provincial Law No. 6 of 2015, introduced by the impugned provision, has been repealed;
that, as attested by the Secretary General of the Autonomous Province of Bolzano in the note of 8 September 2023 addressed to the Head of the Department for Regional Affairs and Autonomies, the provision in question was not applied in the period between its entry into force and its repeal;
that the Autonomous Province of Bolzano has therefore requested that the matter be declared moot;
that the President of the Council of Ministers, following a decision adopted by the Council of Ministers at its meeting of 6 May 2024, withdrew the petition by document filed on 8 May 2024;
that, following resolution No. 369 of 21 May 2024 of the Provincial Government, the Autonomous Province of Bolzano, by document filed on 22 May 2024, accepted the withdrawal.
Considering that the President of the Council of Ministers withdrew the petition indicated above, following a decision of the Council of Ministers;
that the withdrawal was accepted by the Autonomous Province of Bolzano;
that the withdrawal of the petition, accepted by the constituted opposing party, determines, pursuant to Article 25 of the Supplementary Rules for proceedings before the Constitutional Court, the extinction of the proceedings.
Having regard to Article 26, second paragraph, of Law No. 87 of 11 March 1953, and Articles 24, paragraph 1, and 25 of the Supplementary Rules for proceedings before the Constitutional Court.
For These Reasons
THE CONSTITUTIONAL COURT
declares the proceedings extinct.
So decided in Rome, at the seat of the Constitutional Court, Palazzo della Consulta, on 5 June 2024.
Signed:
Augusto Antonio BARBERA, President
Angelo BUSCEMA, Reporting Judge
Roberto MILANA, Registrar
Filed with the Registry on 2 July 2024