DOI: 10.53136/979122182825226
Pagine: 353-368
Data di pubblicazione: Luglio 2026
Editore: Aracne
SSD:
IUS/09 IUS/14 IUS/21
The statement issued by the Constitutional Court, released before the decision no. 192/2024, upholds the basic framework of Law no. 86/2024, even if it reveals some aspects of the Law are unconstitutional. Among these, particular attention must be given to the aspects concerning the delegation of legislative authority for determining the Essential Levels of Performance (LEP) and for updating these levels through decrees of the President of the Council of Ministers, as they reduce the constitutional role of Parliament. In light of the expanding role of the government in legislative activity, on which the Court intervened with decision no. 146/2024, and the regulatory powers under Law no. 400/1988, the question arises if the constitutional reform called premierato (AC 1921) may introduce changes to the system of sources of law and the law making process, rationalizing the government’s legislative activity in accordance with the direct election of the President of the Council.