ORDER NO. 14
YEAR 2026
ITALIAN REPUBLIC
IN THE NAME OF THE ITALIAN PEOPLE
THE CONSTITUTIONAL COURT
composed of:
President: Giovanni AMOROSO;
Judges: Luca ANTONINI, Stefano PETITTI, Angelo BUSCEMA, Emanuela NAVARRETTA, Maria Rosaria SAN GIORGIO, Filippo PATRONI GRIFFI, Marco D’ALBERTI, Giovanni PITRUZZELLA, Antonella SCIARRONE ALIBRANDI, Massimo LUCIANI, Maria Alessandra SANDULLI, Roberto Nicola CASSINELLI, Francesco Saverio MARINI,
has issued the following
ORDER
in the constitutional legitimacy judgment concerning Article 4 of the Law of the Veneto Region of May 20, 2025, no. 6 (Provisions for Organizational Adjustment 2024 concerning inland navigation, transport, public residential building, simplified one-stop-shop urban planning procedures for productive activities, environment, soil protection, territorial governance, recovery of attics for residential purposes, regional parks, mineral and thermal waters, civil protection, and voluntary detachments of the national fire and rescue service), initiated by the President of the Council of Ministers with an appeal served and filed in the Registry on July 18, 2025, registered under no. 23 of the Appeals Registry 2025 and published in the Official Gazette of the Republic no. 32, special first series, of the year 2025.
Having seen the statement of constitution of the Veneto Region;
having heard the President Giovanni Amoroso, in lieu and with the consent of the Reporting Judge Marco D’Alberti, at the public hearing of January 14, 2026;
having heard the State Attorney Paola Palmieri for the President of the Council of Ministers and the lawyer Giacomo Quarneti for the Veneto Region;
deliberated in the council chamber on January 14, 2026.
Whereas, with an appeal served and filed on July 18, 2025, registered in the R. Ap. no. 23 of 2025, the President of the Council of Ministers, represented and defended by the Advocate General of the State, initiated a question of constitutional legitimacy regarding Article 4 of the Law of the Veneto Region of May 20, 2025, no. 6 (Provisions for Organizational Adjustment 2024 concerning inland navigation, transport, public residential building, simplified one-stop-shop urban planning procedures for productive activities, environment, soil protection, territorial governance, recovery of attics for residential purposes, regional parks, mineral and thermal waters, civil protection, and voluntary detachments of the national fire and rescue service), with reference to Article 117, second paragraph, letter e), of the Constitution;
whereas the challenged provision, titled "Amendments to Regional Law July 30, 1996, no. 22 establishing ‘Rules for the exercise of administrative functions regarding non-scheduled road transport services’,” stipulates:
"1. To Article 4 "Hire with Driver Service” of Regional Law July 30, 1996, no. 22 "Rules for the exercise of administrative functions regarding non-scheduled road transport services,” the following paragraphs shall be inserted after paragraph 5:
"5-bis. For services performed exclusively with departure, destination, and stay within the territory of the Veneto Region, for the purpose of traceability and a uniform and coordinated management of hire-with-driver services by motor vehicle, while respecting municipal competencies, the obligation to complete the service log sheet, provided for by Article 11, paragraph 4 of Law January 15, 1992, no. 21 and subsequent amendments and integrations, shall be fulfilled by possessing the contract or letter of engagement, pursuant to the preceding paragraph, whether paper-based or electronic, attesting to the completed and effective booking by the client, to be kept available by the driver for presentation to the supervisory bodies.
5-ter. The obligation to keep and complete the service log sheet, as provided by current national provisions, shall remain valid in any circumstance in which the service is performed, even temporarily, outside the regional borders””;
whereas, according to the appellant, the challenged provision, by introducing, for the purposes of regulating the hire-with-driver service (NCC), an alternative to completing and keeping the service log sheet in electronic format, albeit limited to services performed within the regional territory, would conflict with the intervening state provision set forth in Article 11, paragraph 4, of Law January 15, 1992, no. 21 (Framework Law for the transport of persons by public non-scheduled services), introduced by Article 10-bis, paragraph 1, letter f) of Decree-Law December 14, 2018, no. 135 (Urgent provisions concerning support and simplification for businesses and public administration), converted, with modifications, into Law February 11, 2019, no. 12, according to which "In the hire-with-driver service, the driver is obliged to complete and keep an electronic service log sheet, the specifications of which are established by the Ministry of Infrastructure and Transport by decree, adopted in concert with the Ministry of the Interior”;
whereas, therefore, the aforementioned rule would conflict with Article 117, second paragraph, letter e), of the Constitution, with reference to the subject matter of "protection of competition,” which is included among those falling under the exclusive legislative competence of the State;
whereas, with an act filed on August 26, 2025, the Veneto Region constituted itself in the proceedings, challenging the lack of foundation of the appeal;
whereas, in this regard, the Region noted that the challenged regulation was adopted in the exercise of residual legislative competence in the matter of "local public transport,” within which the regulation of the hire-with-driver service also falls, in accordance with constitutional jurisprudence, and that it pursues an objective of simplification concerning the formal obligations imposed on operators of the NCC service, taking into account the fact that the provisions of Regional Law of the Veneto July 30, 1996, no. 22 (Rules for the exercise of administrative functions regarding non-scheduled road transport services) require the mandatory completion of a contract or letter of engagement as a tool aimed at ensuring verification of the service requirements;
whereas, therefore, according to the Veneto Region’s submission, the challenged provision would not cause any alteration to the modalities of service operation as outlined by the relevant state legislation and, consequently, would not violate the State's legislative competence in the matter of "protection of competition”;
whereas, in the proceedings, written opinions were filed, admitted by Presidential Decree of November 13, 2025, by the Hire with Driver Federation muoverSì, as amicus curiae, highlighting that the challenged provision would not introduce any derogation from the obligations provided for by state legislation, being limited to providing, exclusively for NCC services entirely performed within the borders of the Veneto Region, an alternative and simplified method of fulfilling the documentary obligation already required by state law, without excluding or suspending the validity of the electronic service log sheet;
whereas, upon the corresponding resolution of the Council of Ministers of January 12, 2026, the President of the Council of Ministers filed a withdrawal of the appeal on the same date;
whereas, on January 13, 2026, upon the corresponding resolution of the Regional Council adopted on the same date, the Veneto Region filed an act of acceptance of the withdrawal.
Considering that the President of the Council of Ministers has withdrawn the appeal indicated in the heading, following a resolution by the Council of Ministers;
that the withdrawal has been accepted by the Veneto Region;
that the withdrawal of the appeal, accepted by the constituted counterparty, results, pursuant to Article 25 of the Supplementary Rules for proceedings before the Constitutional Court, in the termination of the proceedings.
for these reasons
THE CONSTITUTIONAL COURT
declares the proceedings terminated.
So decided in Rome, at the seat of the Constitutional Court, Palazzo della Consulta, on January 14, 2026.
Signed:
Giovanni AMOROSO, President
Marco D'ALBERTI, Rapporteur
Valeria EMMA, Registrar
Filed in the Registry on February 9, 2026