La centralità teorico-pratica dei Livelli essenziali delle prestazioni nel quadro dei rapporti attuali tra Stato e regioni

The Essential Levels of Services constitute a title of exclusive competence of the State, introduced to ensure a balance between the need for uniformity in the protection of rights and the need for autonomy coming from the territories, introducing itself in a complex regulatory landscape characterised by a plurality of legislative actors. Against this backdrop, there is an abundance of Court jurisprudence that, following the affirmation of the transversal nature of this matter, has resorted to it to justify interventions by the State that invade the sphere of competence reserved to the regions. The contribution proposes to analyse this two-dimensionality that characterises the OEL clause set in the most current context in which the determination of the Essential Levels is assumed as a pre-requisite for being able to reach the agreement aimed at acquiring greater autonomy for the region and, on the other hand, as a competency title recalled by the PNRR governance decree to justify a highly centralised management of the Plan.