Order read at the hearing of November 12, 2024, attached to Judgment No. 192 of 2024

ORDER

Having examined the case files relating to the challenges to the constitutionality of Law No. 86 of June 26, 2024 (Provisions for the implementation of differentiated autonomy of ordinary-statute Regions pursuant to Article 116, third paragraph, of the Constitution), in its entirety and in part, brought by the Regions of Puglia, Tuscany, Campania and the Autonomous Region of Sardinia, with appeals registered under numbers 28, 29, 31 and 30, respectively, in the 2024 appeals register.

Noting that, in the proceedings initiated with appeals registered under numbers 28 and 30 of the 2024 appeals register, respectively notified by the Region of Puglia and the Autonomous Region of Sardinia not only to the President of the Council of Ministers, but also to all other regions and the Autonomous Provinces of Trento and Bolzano, the Regions of Veneto, Piedmont and Lombardy have submitted statements of appearance and/or interventions in opposition;

that in the proceedings initiated with appeals registered under numbers 29 and 31 of the 2024 appeals register, respectively notified by the Regions of Tuscany and Campania to the President of the Council of Ministers only, the same Regions of Veneto, Piedmont and Lombardy have submitted interventions in opposition.

Considering that, according to the consistent jurisprudence of this Court, in principal proceedings on constitutional review, the presence of parties other than the applicant and the holder of the legislative power whose exercise is challenged is not permitted (among many, Judgment No. 117 of 2022);

that this jurisprudence has remained unchanged even following the recent amendments to the Supplementary Rules for proceedings before the Constitutional Court, "as they do not affect the admissibility requirements for interventions in principal proceedings” (Order read at the hearing of February 25, 2020, and attached to Judgment No. 56 of 2020);

that this Court has reached a similar conclusion on numerous subsequent occasions (among the most recent, Order read at the hearing of June 6, 2023 and attached to Judgment No. 136 of 2023; Judgments No. 76 of 2023, point 2 of the "Reasons"; No. 259 of 2022, point 2 of the "Reasons"; No. 221 of 2022, point 3 of the "Reasons"; and No. 121 of 2022, point 3 of the "Reasons"; Order No. 134 of 2022);

that, however, this Court, with Judgment No. 353 of 2001, deemed entitled to intervene in principal proceedings those entities holding legislative power (i.e., the Autonomous Provinces of Trento and Bolzano) other than the applicant and the entity whose exercise of power was challenged, observing that the question of constitutional legitimacy had "as its object a rule implementing the special statute specifically concerning constitutionally guaranteed powers of the Autonomous Provinces themselves" (similarly, Judgment No. 251 of 2015);

that, also in light of the aforementioned precedents, the intervention in opposition of the aforementioned regions must be considered admissible, as the present questions of constitutional legitimacy concern a law that, by defining the principles, procedures and limits for the allocation to any region requesting it of further and broader legislative and administrative powers in the subject matters indicated by the Constitution itself, concerns the overall structure of the regional system.

For these reasons

THE CONSTITUTIONAL COURT

declares admissible the interventions submitted by the Regions of Veneto, Piedmont and Lombardy in the proceedings brought by the Regions of Puglia, Tuscany, Campania and the Autonomous Region of Sardinia against the President of the Council of Ministers and registered under Nos. 28, 29, 31 and 30 of the 2024 appeals register.

Signed: Augusto Antonio Barbera, President