Fabio Ratto Trabucco

The Referendum on Regional and on Local Territorial Variation: The Nature of Two Distinct Consultations Often Misinterpreted in Jurisprudence

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The article compares the consultative nature of local referenda pursuant to municipal and provincial statutes with equally consultative referenda involving regional territorial variation pursuant to Art. 132(2) of the Constitution. Even though they share the same function, they have remarkable different legal regime and regulation. Referenda pursuant to Art. 132(2) of the Constitution relate to the change of regional borders and therefore they affect in a way national interests. The risk of confusing the two consultation typologies was incumbent in a recent case decided by the Regional Administrative Court of Puglia, where the latter has denied to bid a provincial consultive referendum on the grounds that it would encroach upon the procedure provided for Art. 132(2) of the Constitution. In no way, however, does the local referendum aimed at modyfing local authorities constituencies affect external regional borders, except for mere possibile political effects stemming from its outcome.

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