Il percorso di attuazione dell'autonomia differenziata: evoluzione storica e prospettive [The implementation process of differentiated autonomy: Historical evolution and perspectives]

This article examines the implementation of asymmetric federalism in Italy, tracing its historical origins, recent legislative developments – culminating in Law No. 86/2024 – and potential future trajectories. We first outline the constitutional basis of Article 116(3) of the Italian Constitution and the requests for further autonomy exploiting this article advanced by three northern regions since 2017. We then reconstruct the legislative milestones that led to Law No. 86/2024 and explore the effects of a recent decision by the Constitutional Court on the Law in clarifying the scope and limits of asymmetric federalism. Special attention is devoted to the notion of «Essential Levels of Performance» (LEP), identified as non-negotiable standards in the provision of public services to ensure territorial equity. We critically assess the main challenges posed by Law No. 86/2024, including the complexity of the bilateral commission framework and the ambiguity surrounding the selection of subject matters to be decentralized – particularly concerning national and global public goods. In conclusion, the study argues in favor of a cautious, limited application of asymmetric federalism, restricted to functions already partially administered by the regions – such as education and local finance – and draws on the institutional experience of Italy’s Special Statute Regions as potential models. Ultimately, the paper contends that beyond ideological polarization, the core challenge lies in designing a coherent, efficient, and constitutionally sound framework for regional governance in Italy.