The reform redesigns title V sui relations between the state and the regionsespecially by intervening on the division of legislative powers governed by article 117. The current wording, introduced in 2001, fell short of expectations. The main criticism is that the legislative competence of the State has also been compressed in matters that require a unitary discipline at the national level. Excessive fragmentation undermines the ability to ensure an effective response to the needs of the population and to promote economic growth and investment. Furthermore, Article 117 was the source of a widespread litigation.
The proposal to amend the Constitution expands the matters falling within the legislative competence of the State including, for example, strategic infrastructures, major transport and energy networks, civil protection, social policies and active labor policies, IT platforms. It is also introduced, on the model of other systems, a supremacy clause which allows the law of the State to intervene in matters of regional competence when the protection of the national interest requires it.
The category of matters of shared legislative competence has been eliminated. There remain areas in which both the State (by dictating "common" provisions) and the Regions can legislate, such as, for example, health protection. The State no longer has to limit itself to provisions of principle as for matters of shared competence: it is up to Parliament to decide at its discretion for which profiles common provisions are needed at national level.
