Province - Testo unico enti locali (TUEL - D.Lgs. 267/2000) - Parte 21

The province in the Constitution (Article 114 of the Constitution and Constitutional Law No. 3 of 2001): an autonomous body with a statute, specific powers, and functions. The province in the TUEL (Article 3, paragraph 3, Legislative Decree No. 267 of 2000): an intermediate body between the municipality and the region, representing its community and overseeing its interests and development. Provincial autonomy (Article 3, paragraph 4, Legislative Decree No. 267 of 2000): statutory, regulatory, organizational, tax-imposing, and financial. The province in the Delrio Law (Article 1, paragraph 3, Law No. 56 of 2014): a large-area body with planning and programming functions in limited areas. The autonomous provinces of Trento and Bolzano and the Aosta Valley are excluded. Specificities: these concern some mountainous provinces or provinces bordering foreign countries. Regions: recognize provinces with forms of autonomy in matters Concurrent or residual legislation --- Territory: consists of the territories pertaining to the individual municipalities within the province Population: equals the sum of the inhabitants of the individual municipalities within the province Heritage (paragraph 6, art. 119 of the Constitution): set of assets and rights belonging to the province (and, generally, to each local authority) Provincial constituencies: may be established by the province to safeguard the population Modification of provinces or constituencies (art. 133 of the Constitution): the establishment of new provinces occurs by law, upon the initiative of the municipalities and with the approval of the region Constraint: the consent of the majority of the municipalities concerned (including the majority of the population represented by them) is required, through a resolution by an absolute majority of the councilors --- Requirements for modification (paragraph 3, art. 21 of Legislative Decree no. 267 of 2000) Territory: must be such as to ensure economic, social, and cultural rebalancing and such that a municipality belongs to a single province. Population: no less than 200,000 inhabitants. Operational tools and resources: must be provided by the existing province in proportion to its territory and population, and do not necessarily require the establishment of new provincial offices (paragraph 3 of the Provincial Law, art. 21 of Legislative Decree no. 267 of 2000). Functions Administrative functions (art. 118 of the Constitution) Internal functions (art. 19 of Legislative Decree no. 267 of 2000) Conferred functions (Legislative Decree no. 112 of 1998) Planning functions (art. 20 of Legislative Decree no. 267 of 2000) Functions provided for by the Delrio Law (Law no. 56 of 2014)