City Research Online

Abstract

This paper analyses the Italian Constitutional Court’s recent case law on asymmetric regionalism, focusing on its reading of Article 116(3) with Article 117(2)(m) of the Constitution. It argues that the Court has established a constitutional framework in which competences affecting civil and social rights can be devolved only once the Essential Levels of Services (Livelli Essenziali delle Prestazioni, or LEP) are defined, securing equality across the national territory.

The Court considers asymmetric devolution permissible only when subsidiarity – interpreted in functional and citizen-oriented terms – provides a clear justification for transferring powers. The article reconstructs the criteria identified by the Court – administrative functionality, equality in rights protection, and institutional accountability – and shows how they operate as benchmarks for assessing the legitimacy of differentiated arrangements, offering a structured methodology for future practice.

Grounded in the Italian experience, the analysis contributes to broader debates on how multilevel systems reconcile territorial diversity with shared rights and solidarity – a tension common to federal and decentralised states.

Publication Type:	Monograph (Working Paper)
Additional Information:	Copyright 2025, the author.
Publisher Keywords:	Differentiated regionalism; Asymmetric autonomy; Italian Constitutional Court; Essential Levels of Services (LEP); Fiscal federalism; Subsidiarity.
Subjects:	K Law > K Law (General)
Departments:	The City Law School The City Law School > CLS Working Paper Series
SWORD Depositor:	Symplectic Administrator

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