Differenziazione regionale e cittadinanza dopo la sentenza n. 192/2024 della Corte costituzionale: quali lezioni dall’esperienza spagnola?

Abstract

Asymmetric regionalism and citizenship after judgement No. 192/2024 of the Constitutional Court: what lessons from Spain’s experience? – The essay, basing on the relevant jurisprudence of the Spanish Tribunal constitucional, reconstructs the origin, evolution and limits of asymmetric regionalism in Spain, with specific reference to the enjoyment of citizens’ constitutional rights. This provides useful insights to assess the constitutional legitimacy of the provisions by which in 2024 the Italian Parliament implemented Article 116, para. 3 of Constitution, allowing for the granting of «special forms and conditions of autonomy» to ordinary Regions too. Possible remedies are proposed in the final paragraph, so to align the new laws, on the one hand, with the enhancement of sub-state levels of government, which inspires the entire Title V Reform of 2001, and, on the other hand, with the constitutional principle of non-discrimination, as set out in Article 3 of Constitution.

Keywords: Asymmetric regionalism; Constitutional rights; Parliament; Regional Statutes; ELP