The appeal to the Constitutional Court from Emilia-Romagna Region

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Emilia-Romagna Region will appeal to the Constitutional Court for the article of the law on public security (n. 94-2009) that regulates the so-called “vigilante groups”; the Region is asking the cancellation of four paragraphs of the article 3 (from 40 to 43) for breaching the article 117 of the Constitution. The president Vasco Errani states that “we’are aiming at clearing up competences, to avoid overlapping and confusion on security, which is such a delicate subject and a fundamental right to all citizens”. The appeal to the Constitutional Court stands on two main points: first it is stated that urban security doesn’t coincide with public order. Public order is a State’s exclusive duty, while urban security has been object of regional laws since 10 years. Second, local administrative Police is of exclusive Region’s duty. Eleven Italian Regions have already been choosing to regulate urban security and local administrative Police by their own laws: in 2003 Emilia-Romagna approved law 24 (“Discipline on local administrative Police and promotion of an integrated security system”).
The appeal claims the illegitimacy of the paragraph that provides for the collaboration, in accordance with the prefect, between cities and non-armed citizens association with the purpose of notifying to the national or local Polices situations of damage for public security or social troubles (art. 3 paragraph 40). The unconstitutionality concerns the non-acknowledgement of the Regions’ role and the violation of regional competence on local administrative police and urban security topics.
The appeal also claims the illegitimacy of the paragraphs 41 to 43 which are to regulate other concrete actions: i.d. the obligation for the vigilante groups of being recorded to the prefect’s register and the fact that mayors, while choosing vigilantes, must give priority to former policemen.
The last point of the appeal concerns the violation of the principle of loyal cooperation and of the duty to provide for coordination between the State and the Regions, which has been stated by the Constitution as well.

2009-11-25

1259177093

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