Some reflections on the implementation of article 116 (3) of the italian constitution. law 86/2024 and limits to "differentiated regionalism"

Art. 116, paragraph 3, forms part of the constitutional reform under Title V, Part II of the Italian Constitution. It introduces a model of specialization aimed directly at the ordinary regions (regioni "ad autonomia ordinaria", as it provides for the possibility of acquiring new competences covering up to 23 subject matters. The approval of law 86/2024 stimulates some observations concerning the "sustainability" of the asymmetrical option. The author examines, in particular, procedural and substantial limitations derived from the framework established by the state legislator to implement the so-called "differentiated regionalism", and the critical issues in relation to the respect for fundamental constitutional principles.