La difficile “metabolizzazione” regionale del ruolo del Commissario ad acta nell’attuazione dei piani di rientro e la ferma posizione della Corte costituzionale

The Court in its decision n. 106 of 2017 declared the constitutional illegitimacy of articles 4 and 5 of the Calabria regional law of 20 April 2016, establishing which dental services can be practiced without authorization or certified reporting and which should instead require an authorization regime. The decision is in continuity with the constitutional case law regarding the specifications of the agreement between the State and the Region, called “Plans for re-entry”, which is the inter- posed norm of a law of coordination of public finance pursuant to art. 117 of the Constitution. The decision confirms the strictly binding nature of the Regions of l. n. 191 December 23, 2009, which determined the obligation by the Regions that sign the “Plans for re-entry” to comply with it in all its parts. The Court has held that the protection of health was the constitutional parameter violated by the regional law approved in contrast with the interposed rules contained in the legislative decree 30 December 1992 n. 502. Finally, sentence n. 106 of 2017 established the role of the “Commissario ad Acta” as a decisive figure in the implementation of the repayment “Plans for re-entry” in the in- terpretation stage. A role of guarantee, so to say, from potential interferences by the regional bodies.