Il dimensionamento scolastico e la competenza concorrente regionale in materia di istruzione: una conferma (attesa) e un pericolo non evitato

[Autom. eng. transl.] With sentence no. 147/2012 the Constitutional Court intervenes in the field of scholastic sizing and concurrent regional competence in education by accepting the appeals promoted by seven regions (Tuscany, Emilia-Romagna, Liguria, Umbria, Puglia, Basilicata and Sicily) with which it was raised the question of constitutional legitimacy concerning the provision of the art. 19, paragraph 4 of Decree Law no. 98/2011 and subsequent amendments and declaring the question of the legitimacy of the art. 19, paragraph 5 of the same legislative decree 98/2011 and subsequent amendments. This sentence represents, in various aspects, the metaphor of the way in which the Constitutional Court interpreted the subject of education after the approval of the Tit. V Cost .. The declaration of unconstitutionality of the provisions with which a compulsory aggregation of preschools, primary and secondary schools is provided in comprehensive institutions, could appear predictable in light of the criteria for allocating the competences found in the V Cost Title and of the principles established in constitutional jurisprudence. On the other hand, the perplexity of the Constitutional Court in declaring the groundlessness of the provision with which the legislator has provided that autonomous educational institutions with a number of students of less than 600 (or 400) units cannot be entrusted to "managers scholastics with permanent contracts ”having to be“ conferred in regency to school principals assigned to other autonomous educational institutions ”.