Principle of Equality and Social Care Policies in the ltalian Regional System between Autonomy and Centralization

The paper analyzes the extent to which the principle of equality is compliedwith in social care policies in the Italian regional system, deepening the tensionsbetween autonomy and centralization arising from the relationship between the Stateand the Regions. Social care policy is, in fact, one of the sectors in which there isgreat tension between central government and territorial autonomies. According to theItalian Constitution, while social care is a general (rectius: residual) competence ofthe Regions, the principle of equality - stated by Article 3 of the Constitution withformal and substantial meaning - should be ensured through the exclusive (rectius:cross-cutting) State power (stated in Article 117 Cost., Par. 2 let. m) to lay down theessential levels of care/services. Over time, some circumstances - the cross-cuttingpowers of the State, failure by the State to determine the essential service levels; theeconomic crisis - have led to deep conflicts between the Regions (autonomy) and theState (centralization) which have often been solved by the Constitutional Court whosetask is to ensure compliance with the principle of equality.