Regions, Provinces, Municipalities

Article 114  Municipalities, Provinces, Metropolitan Cities, Regions, State
(1) The republic consists of municipalities, provinces, metropolitan cities, regions, and the state.
(2) Municipalities, provinces, metropolitan cities, and regions are autonomous entities with their own statutes, powers, and functions according to the principles defined in the constitution.
(3) Rome is the capital of the republic. State law regulates its legal status.
 
Article 115  [Regions]

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Article 116  Special Forms of Autonomy
(1) According to their special statutes adopted by constitutional law, particular forms and conditions of autonomy are enjoyed by Friuli-Venezia Giulia, Sardinia, Sicily, Southern Trentino, and the Aosta Valley.
(2) The region Southern Trentino consists of the autonomous provinces Trento and Bolzano.
(3) Upon the initiative of the region concerned, after consultation of local administrations, state law may assign further particular forms and conditions of autonomy to other regions according to the principles laid down in Art. 119; such forms and conditions shall concern the matters specified in Art. 117 (3) as well as the matters listed in paragraph 2 of the same article under the letters l) - with regard to the organization of the offices of the justices of the peace only -, n), and s). The law, based on an agreement between the state and the region concerned, needs the approval of the chambers with a majority of their members.
 
Article 117  [State and Regional Legislative Power]
(1) Legislative power belongs to the state and the regions in accordance with the constitution and within the limits set by european union law and international obligations.
(2) The state has exclusive legislative power in the following matters:
  1. foreign policy and international relations of the state; relations of the state with the european union; right of  asylum and legal status of the citizens of states not belonging to the european union;
  2. immigration;
  3. relations between the republic and religious denominations;
  4. defense and armed forces; state security; weapons, ammunitions and explosives;
  5. money, protection of savings, financial markets; protection of competition; currency system; state taxation system and accounting; equalization of regional financial resources;
  6. state organs and their electoral laws; state referenda; election of the european parliament;
  7. organization and administration of the state and of national public bodies;
  8. law, order and security, aside from the local administrative police;
  9. citizenship, registry of personal status and registry of residence;
  10. jurisdiction and procedural laws; civil and criminal law; administrative tribunals;
  11. determination of the basic standards of welfare related to those civil and social rights that must be guaranteed in the entire national territory;
  12. general rules on education;
  13. social security;
  14. electoral legislation, local government and fundamental functions of municipalities, provinces and metropolitan cities;
  15. customs, protection of national boundaries and international prophylactic measures;
  16. weights, units of measurement and time standards; coordination of the informative, statistical and information-technology aspects of the data of the state, regional and local administrations; intellectual property;
  17. protection of the environment, of the ecosystem and of  the cultural heritage.
(3) The following matters are subject to concurrent legislation of both the state and regions: international and european union relations of the regions; foreign trade; protection and safety of labor; education, without infringement of the autonomy of schools and other institutions, and with the exception of vocational training; professions; scientific and technological research and support for innovation in the productive sectors; health protection; food; sports regulations; disaster relief service; land-use regulation and planning; harbors and civil airports; major transportation and navigation networks; regulation of media and communication; production, transportation and national distribution of energy; complementary and integrative pensions systems; harmonization of the budgetary rules of the public sector and coordination of the public finance and the taxation system; promotion of the environmental and cultural heritage, and promotion and organization of cultural activities; savings banks, rural co-operative banks, regional banks; regional institutions for credit to agriculture and land development.
In matters of concurrent legislation, the regions have legislative power except for fundamental principles which are reserved to state law.
(4) The regions have exclusive legislative power with respect to any matters not expressly reserved to state law.
(5) Regarding the matters that lie within their field of competence, the regions and the autonomous provinces of Trento and Bolzano participate in any decisions about the formation of community law. The regions and autonomous provinces also provide for the implementation and execution of international obligations and of the acts of the european union in observance of procedures set by state law. state law establishes procedures for the state to act in substitution of the regions whenever those should fail to fulfill their responsibilities in this respect.
(6) The power to issue by-laws is vested in the state regarding all matters where it has exclusive legislative power, insofar as it does not devolve such power to the regions. The power to issue by-laws is vested in the regions in any other matters. Municipalities, provinces and metropolitan cities have regulatory power with respect to the organization and the fulfillment of the functions assigned to them.
(7) Regional laws have to remove all obstacles which prevent the full equality of men and women in social, cultural, and economic life, and promote equal access of men and women to elective offices.
(8) Regional laws has to ratify agreements reached by a region with another region aimed at the better exercise of their functions, including the establishment of joint institutions.
(9) Within its field of competence the region may establish agreements with foreign states and understandings with territorial entities that belong to a foreign state, in the cases and forms provided for by state law.
 
Article 118  Administrative Functions
(1) Administrative functions belong to the municipalities except when they are conferred to provinces, metropolitan cities, regions, or the state in order to guarantee uniform practice; the assignment is based on the principles of subsidiarity, differentiation and adequacy.
(2) Municipalities, provinces and metropolitan cities have their own administrative functions and, in addition, those conferred to them by the law of the state or the region according to their respective fields of competence.
(3) State law provides for forms of coordination between the state and the regions in the matters referred to in letters b) and h) of Art. 117 (2); it also provides for forms of understanding and coordination in the matter of the protection of the cultural heritage.
(4) State, regions, metropolitan cities, provinces and municipalities support autonomous initiatives promoted by citizens, individually or in associations, in order to carry out activities of general interest; this is based on the principle of subsidiarity.
 
Article 119  Financial Autonomy
(1) Municipalities, provinces, metropolitan cities and regions have financial autonomy regarding revenues and expenditures.
(2) Municipalities, orovinces, metropolitan cities and regions have autonomous resources. They establish and implement their own taxes and revenues, in harmony with the constitution and in accordance with the principles of coordination of the public finances and the taxation system. They receive a share of the proceeds of state taxes related to their territory.
(3) The law of the state establishes an equalization fund to the benefit of areas where the fiscal capacity per inhabitant is reduced, with no restrictions as to the allocation of its proceeds,  (4) The funds deriving from the sources mentioned in the previous paragraphs have to enable municipalities, provinces, metropolitan cities and regions to finance in full the functions attributed to them.
(5) In order to promote economic development, social cohesion, and solidarity, to remove economic and social inequalities, to foster the actual exercise of human rights, to pursue ends other than those pertaining to the exercise of their ordinary functions, the state may allocate additional resources or carry out special actions to the benefit of certain municipalities, provinces, metropolitan cities and regions.
(6) Municipalities, provinces, metropolitan cities and regions have their own assets, assigned to them according to general principles established by state law. They may only contract loans in order to finance investment expenditure. State guarantees on such loans are excluded.
 
Article 120  Free Circulation and Substitution Clause
(1) Regions may not charge import or export duties, nor duties on transit between regions, nor adopt provisions which may hinder in any way the free movements of persons and goods between regions, nor limit the right to work in any part of the national territory.
(2) The Government may act as a substitute for regional, metropolitan city, provincial, or municipal authorities whenever those should violate international rules or treaties or community law, whenever there is a serious danger for the public safety and security, and whenever such substitution is required in order to safeguard the legal or economic unity of the nation, and particularly in order to safeguard the basic standards of welfare related to civil and social rights, irrespective of the boundaries of the local governments. The law defines appropriate procedures in order to guarantee that substitution powers are exercised within the limits set by the principles of subsidiarity and fair cooperation.
 
Article 121  Regional Organs
(1) Regional organs are: the regional council, the regional cabinet and its president.
(2) The regional council exercises the legislative powers granted to the region and all other functions conferred on it by the constitution and by law. It may propose bills to the chambers.
(3) The regional cabinet is the executive authority of the region.
(4) The president of the regional cabinet represents the region; he conducts and is responsible for the general policy of the regional cabinet; he promulgates regional laws and regulations; he conducts the administrative functions delegated to the region by the state in accordance with the instructions of central government.
 
Article 122  Regional Form of Government
(1) The electoral system, the cases of ineligibility and incompatibility of the president and other members of the regional cabinet and the regional council are defined by the laws of the region within the limits of the fundamental principles determined by a state law also specifying the term of elected organs.
(2) Nobody may be at the same time a member of a regional council or a regional cabinet and of either chamber of parliament or of another regional council or another regional cabinet or of the european parliament.
(3) The regional council elects from its own members a president and a president's office.
(4) Regional councilors may not be made liable for opinions expressed or votes cast in the exercise of their functions.
(5) The president of the regional cabinet, unless provided differently by regional statute, is elected by universal and direct suffrage. The elected president appoints and dismisses the members of the regional cabinet.
 
Article 123  Regional Statutes
(1) Every Region must have a statute determining the form of government and the fundamental principles of the organization and the functioning of the region in accordance with the constitution. The statute defines the exercise of initiative and of referendum on regional laws and regional administrative decisions and the publication of regional laws and regulations.
(2) The statutes is adopted and amended by the regional council by a law approved twice by a majority of its members; votes being taken within an interval of no less than two months. This law must not be submitted to the government's commissioner. Within thirty days of its publication, the central government may challenge the constitutionality of a regional statute before the constitutional court.
(3) The statute has to be submitted to a popular referendum when, within three months of its publication, a request is made by one fiftieth of the electors of the region or by one fifth of the members of the regional council. The statute submitted to referendum may not be promulgated unless approved by a majority of valid votes.
(4) The statute of every region has to provide for a council of local governments, which function as a body for consultations between the region and local authorities.
 
Article 124  Government Commissioner

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Article 125  Control of Legitimacy

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Article 126  Dissolution of the Regional Council and Dismissal of the president
(1) By means of a decree of the president stating the reasons for it, the dissolution of the regional council and the dismissal of the president of the regional cabinet may be ordered when they have acted against the constitution or when they have committed serious violations of the law. The dissolution and the dismissal may also be ordered for reasons of national security. The decree is adopted after consulting a commission for regional affairs composed of senators and deputies and formed according to the law of the republic.
(2) The regional council may express its non-confidence in the president of the cabinet by a motion for which reasons must be stated; it must be signed by at least one fifth of its members, voted by roll-call, and approved by a majority of its members. The motion may be debated no earlier than three days after it has been filed.
(3) The vote of no-confidence against the president of the regional cabinet elected by universal and direct suffrage, as well as the removal, the permanent impediment, the death or the resignation of the president entail the resignation of the cabinet and the dissolution of the council. The same consequences follow from simultaneous resignation of a majority of the members of the council.
 
Article 127 Constitutionality of Law
(1) Whenever the government regards a regional law as exceeding the powers of the region, it may raise the question of its constitutionality before the constitutional court within sixty days of the publication of the law.
(2) Whenever a region regards a state law, another act of the state having the force of law, or a law of another region as infringing on its own sphere of powers, it may raise the question of its constitutionality before the constitutional court within sixty days of the publication of said law or act.
 
Article 128  Provincial and Municipal Autonomy

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Article 129  Decentralization

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Article 130  Legitimacy of Provincial and Municipal Decisions

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Article 131  List of Regions
The following regions are instituted: Piemonte; Aosta Valley; Lombardia; Southern Trentino; Veneto; Friuli-Venezia Giulia; Liguria; Emilia-Romagna; Toscana; Umbria; Marche; Lazio; Abruzzo; Molise; Campania; Puglia; Basilicata; Calabria; Sicily; Sardinia.
 
Article 132  Regional Boundaries
(1) By means of a constitutional act and after consulting the regional councils, existing regions may be merged or new regions created, provided the population of any new region is at least one million, when it is so requested by as many municipal councils as represent at least one third of the population involved, and when the proposal has been approved by the majority of the involved population in a referendum.
(2) With the assent of a majority of the people of the province or provinces concerned, and of the municipality or municipalities concerned, expressed by means of a referendum, after consulting the regional council, a state law may allow provinces and municipalities which request it to be detached from one region and assigned to another.
 
Article 133  Provincial and Municipal Boundaries
(1) Provincial boundaries may be changed and new provinces created within the area of a region by laws of the republic following a request of municipalities and after consulting the region.
(2) Each Region, after consulting the population involved, may within its own territory and by its own acts establish new municipalities and modify their boundaries and names.