Illegal and unconstitutional empties provinces of Renzi and Delrio

The emptying of the functions of the provinces is in violation of the “EUROPEAN CONVENTION RELATING TO THE EUROPEAN CHARTER OF LOCAL SELF-GOVERNMENT” which Italy has undertaken to give “FULL AND COMPLETE PERFORMANCE” by Law LAW 30 DECEMBER 1989, n. 439 (TO n. 017 SUPPL.ORD. of the 22/01/1990) . For the same law, even the provincial elections cannot be suppressed.

the “EUROPEAN CONVENTION RELATING TO THE EUROPEAN CHARTER OF LOCAL SELF-GOVERNMENT” It is a law of the Council of Europe, therefore, by virtue of article 10 of the Constitution, prevails over ordinary law and also on Title V of the Constitution, as also ascertained by A study of 2007 of the legislative office of the Italian government.

Article 3 of the Convention establishes that ” 3 . The exercise of public responsibilities must, In principle, Preference to preference on the authorities closest to citizens. The assignment of a liability to another authority must take into account the amplitude and nature of the task and the needs of effectiveness and economics.”

Regarding the economic and effectiveness of the “emptying” of the provinces from their functions, In November 2013 The Court of Auditors rejected this options saying that “It is, then, of a series of interventions declaredly aimed at reaching a stable set -up e, in some ways, structural. However, For the reasons that will be exhibited in the continuation of the audition, It cannot be believed that the project centers the objective of reorganizing public intervention on the territory and the simplification of public intermediation in application of the principles of subsidiarity, effectiveness and efficiency.”

The union of the provinces further warns that “The expenditure of the provinces is the smallest of the entire national and local sector.
The provinces are just 1.27% of public spending, Municipalities 8% while the Regions, including health expenditure, they are the 20% . Local authorities and regions together are throughout the 30% of public spending. THE 60% of public spending is in the central administrations, including costs for social benefits. In the attached dossier, The data updated in March 2014 of Italian public spending and the comparison between the state, regions, Provinces and Municipalities.” On the other hand the provinces in the last 2 years have cut expenses abundantly enough to be already at the least possible.

E’ It is therefore clear that emptying, not convenient, It is in violation of the aforementioned art.3 of the Convention (L.N.439/1989) both for opportunities and for efficiency.

The only thing that will take place with the emptying of the provinces is a centralist action that illegally erase the provincial elections, which prohibited by art.3.2 of the Convention

Article 3 Concept of local autonomy

1 . For local autonomy, The actual law and ability is understood, For local community, REGULATORY AND MANAGE IN THE SCOPE OF THE LAW, Under their responsibility, AND IN FAVOR OF POPULATIONS, An important part of public affairs.

2 . This right is exercised by councils and assemblies consisting of members elected to free suffrage, SECRET, Paritario, Direct and universal, Able to have executive bodies responsible for them. This provision does not affect the use of citizens' assemblies, al referendum, Or to any other form of direct participation of citizens if this is allowed by law.

The need for advice and assemblies made of members elected to free and universal suffrage, makes the provinces illegitimate with second level representatives (appointed by the mayors). Therefore also the election system of the provinces must be safeguarded, and the commissioner of the provinces not in an emergency required by law is therefore illegal and unconstitutional .

the Italian State, the government, the parliament, The President of the Republic cannot fail to these duties, It would be aversion of the institutional system. In fact, Italy has declared at the time of “deposit” at the Council of Europe that “According to Article 12, paragraph 2 of the Charter, the Italian Republic considers itself bound by the Charter in its integrality. ”

The provinces and also the citizens associated with their representation also have the right to a jurisdictional appeal not only for compliance with the functions assigned to the provinces, And this will actually block every emptying of function, but also to cancel the commissioner beyond the emergency ( Decadence of the Council, mafia infiltrations etc.).

Article 11 Legal protection of local autonomy

Local community must have a right of jurisdictional appeal, To guarantee the free exercise of their skills and respect for the principles of local autonomy, Consecrated by the Constitution or internal legislation.

If you want to delete or modify the provinces there is only one road, provided for by the same agreement

Article 5 PROTECTION OF THE TERRITORIAL BOUNDARIES OF LOCAL COMMUNITIES
FOR ANY CHANGES LIMITS OF LOCAL AND REGIONAL, THE LOCAL COMMUNITIES INTERESTED, MUST BE PRIOR TO CONSULT, POSSIBLY BY REFERENDUM, IF THIS IS PERMITTED BY LAW.

In other words, The provinces can be merged into metropolitan areas having an elective government if the residents of the provinces express this will in a specific referendum. Even the modification of the Constitution cannot be made before this referendum consultation.

The agreement therefore establishes the principles that in fact carry out a correct system of relations between local and central powers in a democratic structure. Violate its principles means no longer being a democratic country, Especially since net of the accounts, emptying the functions to the provinces , delegated to other new entities, it only creates the elimination of a democratic level.

E’ It is clear that the Renzi government does not know the international legal mechanisms to which Italy has voluntarily subjected.

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