The corrective maneuver presents "profiles of unreasonableness" and unconstitutionality. This was established by the Senate Constitutional Affairs Committee. It is a matter of "a non-obstructive opinion with conditions", that is to say: there is the go-ahead, but only on condition that "the contested provisions are reformulated in any case". In particular, the opinion reads, the deferral of the payment of thirteenth month bonuses "besides restricting the constitutional right to remuneration, appears particularly vexatious towards workers", therefore a review of this provision is requested.
Furthermore, the interventions that modify the discipline of the payment of the severance indemnity "present profiles of unreasonableness". The commission then asks to review the hypothesis of unification of lay holidays on Sundays because "the technical report attached to the decree is silent on the quantification of the savings that would derive from the application of this measure". It is therefore asked to "verify whether the unification produces significant economic effects and such as to justify the suppression of public holidays".
Criticisms are then leveled at the solidarity contribution, which "does not appear to be sufficiently respectful of the principle of article 53 of the Constitution (the one according to which everyone must contribute to public spending on the basis of their own ability to pay, ed), also placing itself in substantial violation of the principle of equality of article 3 of the Constitution”. This is because, the opinion explains, due to the existence of "a vast area of tax evasion", to suffer the effects of the levy "would be, for the most part, income from employment", while other income, "also much higher, but unduly subtracted from taxation, would not be affected, just as patrimonial wealth, even very large ones, would be exempt from the contribution”.
Again, "clear elements of constitutional incompatibility" are found in the chapter relating to the suppression of provinces with less than 300 inhabitants. Finally, for the first commission of the Senate regarding the chapter 'liberalization of local government services', "it appears necessary, in order to avoid possible complaints of unconstitutionality, a careful verification of the compatibility of this new provision with the abrogative effects produced by two of the four referendums of 12 and 13 June 2011”.
In short, from Palazzo Madama comes an opinion with a taste for rejection. This was confirmed by the president of the constitutional affairs commission, Carlo Vizzini (PDL). "It being understood that there is agreement on the objectives that the Government intends to pursue, for the parts that concern us, the commission has expressed a harsh opinion on the constitutional compatibility" of the decree, he says. The opinion was forwarded to the Budget Committee, which discusses the corrective maneuver in the referent forum. Antonio Azzollini (PDL), the president of the body, promises that no discounts will be made. “Everything will be taken into account during the amendment phase”. Also of this opinion.
