The intervention / Roma Capitale, the need to seize the opportunity
Distinguished Director,
I read with great interest the intervention in his newspaper by his colleague and friend Alessandro Sterpa on the powers of Roma Capitale. I had the honor of presiding over the ministerial commission set up by Minister Gelmini precisely to provide a contribution of study and ideas on this issue. Downstream of this work, the first Commission of the Chamber has carried out a meritorious and complex work of drafting a basic text of constitutional revision, approved unanimously. And it is a fact, that of unanimity, to underline with particular emphasis and under multiple profiles: first of all, because it demonstrates that there is now full awareness in the political sphere of the need to provide Rome with adequate powers similar to those of the main European capitals and , more generally, of all the capitals of decentralized states. Secondly, because the achievement of a transversal sharing between political forces shows that the crisis in Parliament is not so profound and what allows us to have confidence even in a broader perspective of institutional reforms. Finally, one cannot fail to consider that the legislature is now turning to and only a consolidated and widely shared text, given the complexity of the constitutional revision process, to have some chance of being approved and not increasing the already significant number of the many reform attempts. failed constitutional.
From the point of view of content, the text approved by the Commission is very balanced and suitable and flexible: on the one hand, it innovates strongly by attributing legislative powers to Roma Capitale; on the other hand, it does not upset the surrounding territorial order. It avoids, in fact, a new region (which was also a viable solution) and to modify the functions of creating a large area, preserving the metropolitan city, so as not to have to redefine the borders of the provinces. Finally, elements of flexibility are derived, to the State and to the Lazio Region of ownership, in a sufficient time frame, some matters.
Obviously, each text can be improved and perfected: for example, I agree with Sterpa that the issue of financial resources is central and should also emerge at the constitutional level. Just as it cannot be ignored that the constitutional level is absolutely necessary, but not sufficient, in the sense that the constitutional reform still requires a form of legislative implementation and that only with ordinary law more precise measures can be adopted.
There is, however, one aspect of Sterpa’s considerations which, in my opinion, arouses some that must: the variable time. The suggestion, if well understood, is to limit oneself in the constitutional text to a mere reference to a special statute, on the model of special regions and autonomous provinces. The intention is meritorious: that is, that of weighing the reforms well, but it cannot be ignored that the technique of postponement is essentially the admission of a failure and the inability of a synthesis. Indeed, the postponement often translates into a mockery of the electorate and citizens, in a mere “announcement effect”, waiting for an implementation that may never arrive. To limit ourselves to the constitutional text, there are many examples: just think that there are rules, such as art. 39 on the registration of trade unions which, almost a century later, have not yet been implemented; that the ordinary Regions provided for in the 1947 Constitution were only implemented in the 1970s; that the differentiated regionalism, foreseen in 2001 in the novel art. 116 of the Constitution, after 20 years is still awaiting implementation, and the examples could continue.
It seems, therefore, more appropriate to take advantage of the positive political situations and the synthesis that has been reached in Parliament, to approve a text, possibly improved or perfected, which immediately introduces the strengthening of the capital’s powers or, at least, leaves the decision on the see and on how and when to implement the reform. The country and especially Rome does not really need a mere delaying reform.
* Jurist and former president of the ministerial commission
on the powers of Roma Capitale
© REPRODUCTION RESERVED