JUDGMENT NO. 185
YEAR 2024
ITALIAN REPUBLIC
IN THE NAME OF THE ITALIAN PEOPLE
THE CONSTITUTIONAL COURT
composed of:
President: Augusto Antonio BARBERA;
Judges: Giulio PROSPERETTI, Giovanni AMOROSO, Francesco VIGANÃ’, 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
JUDGMENT
in the proceedings concerning the constitutional legitimacy of Article 4 of the Tuscany Regional Law No. 23 of 19 May 2023 (Provisions concerning the personnel of support structures for political bodies. Repeal of Regional Law No. 2/2023, revival of certain provisions and amendments to Regional Law No. 1/2009) and points 3, 4 and 5 of the preamble of the aforementioned Regional Law; of Articles 42, paragraphs 8, 9 and 10, 43, paragraph 5, 44, paragraph 6-bis, second sentence, 45, 49, paragraphs 4 and 4-ter, 51, paragraphs 5, 6 and 6-bis, 52, paragraph 5, and 58, paragraph 2, of the Tuscany Regional Law No. 1 of 8 January 2009 (Consolidated Act on the Organisation and Regulation of Personnel), referred by the Court of Audit, Joint Sections in jurisdictional capacity in special composition, in the proceedings for the homologation of the general accounts of the Tuscany Region for the financial year 2022, by order of 28 March 2024, registered at No. 77 of the register of orders 2024, and published in the Official Gazette of the Republic No. 21, first special series, of the year 2024.
Having considered the appearance of the Tuscany Region;
having heard at the public hearing of 29 October 2024 the Reporting Judge Giovanni Amoroso;
having heard the lawyer Marcello Cecchetti for the Tuscany Region;
having deliberated in chambers on 29 October 2024.
Facts
1.— By order of 28 March 2024, registered at No. 77 of the register of orders 2024, the Court of Audit, Joint Sections in jurisdictional capacity in special composition, raised questions of constitutional legitimacy, with reference to Articles 3, 36, 81, third paragraph, 97, first paragraph, 117, second and third paragraphs, letter l), and 119, first and fourth paragraphs, of the Constitution, of Article 4 of Tuscany Regional Law No. 23 of 19 May 2023 (Provisions concerning the personnel of support structures for political bodies. Repeal of Regional Law No. 2/2023, revival of certain provisions and amendments to Regional Law No. 1/2009) and points 3, 4 and 5 of the preamble of the aforementioned Regional Law, as well as Articles 42, paragraphs 8, 9 and 10, 43, paragraph 5, 44, paragraph 6-bis, second sentence, 45, 49, paragraphs 4 and 4-ter, 51, paragraphs 5, 6 and 6-bis, 52, paragraph 5, and 58, paragraph 2, of Tuscany Regional Law No. 1 of 8 January 2009 (Consolidated Act on the Organisation and Regulation of Personnel).
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