Federalism school
(Adele Dentice document for the meeting of PBC on 27/28 November in Ferrara)
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Federalism school
IS A DEFINITION IMPROPER generated by the implementation of Title V of the Constitution Article 117 amended by Constitutional Law n.3/2001 conferring power to legislate on education to the "concurrent legislative competences" between the state and region.
E'impropria for two major reasons, why is not based on legal and not descriptive of the situation that would generate if it were implemented as envisaged by the Constitution and secondly it is a solution that tends to exaggerate the differences, just think of the training , assigned to the regions, with 21 different systems for levels of effectiveness and efficiency.
The invocation of federalism was born dall'equivoco engendered by the cultural hegemony that proposed by the resolution of problems, related to the construction of a "modern" effective and efficient education system adapted to the new scenario introduced by the implementation of Title V, which is used to create self-government of the Republic.
EDUCATION AND CONSTITUTION
Article 34 of the Constitution
" The school is open to all.
The lower education for at least eight years, is compulsory and free.
The capable and worthy, even without financial resources, have the right to attain the highest levels of education.
The Republic gives effect to this right by scholarships, family and ale asegni other provisions, which devono esere attribuite per concorso ”
L’istruzione quindi cessa di essere privilegio, ma diritto di tutti, non più appannaggio esclusivo delle categorie più in alto nella scala sociale.
L’istruzione è gratuita e obbligatoria : diritto dovere che prefigura e sottende l’obbligo dell’alunno all’istruzione e il dovere dello Stato a predisporre i mezzi per raggiungere lo scopo .
Il diritto allo studio indica il diritto a raggiungere i gradi più alti in base alle proprie capacità, merito e “ appartenenza a famiglie in condizioni disagiate ”, per i quali la Repubblica è obbligata a PROVVEDERE.
Con la riforma del Titolo V le competenze in materia d’istruzione sono ripartite in maniera differente , poiché aumenta la responsabilità delle istituzioni locali con il grave rischio che “il diritto allo studio” sia garantito in maniera diversa tra le diverse regioni in base al loro peso economico, in tal modo le disuguaglianze si accentuerebbero maggiormente e andremmo incontro alla balcanizzazione del sistema scolastico
I CAMBIAMENTI DOPO L’ATTUAZIONE DEL TITOLO V
Conflitto Stato - Regione
The lack of clarity of the constitutional law of 2001 has fueled rather than resolve, the conflict between State and Regions and the controversy between the various factions, the center-left has accused the center-right to have hampered the implementation of constitutional provisions, while the center-left has been totally inactive.
The only point of clarity is the reversal of the principle of distribution of powers between the state and region, raise the part of the simplification of the Region, but opening up many opportunities for conflict; essential reason why the Constitutional Court was called into question and often have been numerous rulings and lines of interpretation of the complex field, that have redefined the legislative confusion as to the necessity of reconciling the need for unity throughout the country and the demands for autonomy at the local level, referring to the criteria of discretion, which aims to ensure the presence of the Regions in regulating the education service in the area, and planning and management "significant." In the present case was the sentence no 13/04 of the Constitutional Court finally clarified in 13 points what are the functions of the regions in terms of education directed to administer the provisions of the state.
The functions of the provinces remain unchanged in the planning and management of educational services (housing, employment policies etc. suolasecondaria second degree) as well as for municipalities, education until secondary level.
remains, however, still a serious deficit involvement of social partners in this context, as a unity government is entirely absent from public research, a loose-knit trim dangerous risks degenerating into a further fragmentation, being completely absent to identify the objectives and priorities.
Federalism
is contextualized within a framework of political and marked especially the policy of cuts in the public system of education, by the operation Tremonti-Gelmini 2008 (relief for the school division of 130 000 units) to the Tremonti 2010 (2 billion depletion of staff salaries and another cut straight to the Ministry of Education ), is made dependent on the survival of public schools (as we know it) by the economic developments of the Italian system. Add to this the lack of strategic vision and the definition of an inter-institutional cooperation over the exclusion of trade unions and school communities in that decision-making process operated by a few experts. All these elements have paradoxically pushed back design Constitution, among other things, never implemented.
Today we are faced with a situation highly contradictory, on the one hand we talk about federalism and on the other hand, see the measures Brunetta, we have laws that centralize the powers and stiffen the regulation of labor relations by reducing public drastically the spaces of democratic participation.
Another fundamental and critical to the financing. Exists mainly in a central state budget and one for each territory, the expense is determined by the local executive, the more easily controlled by citizens, while resources are drawn from local taxation or equalization funds of various kinds. In this scenario, the public school is more accurate and more with economic resources. It reveals, therefore, essential, before we talk about school reform in the federal sense, understand and determine the type of fiscal federalism that will provide predictable resources to the various sovereignty. The real danger that we run is that the advance of federalism, the League engineered for use and consumption, produces an inevitable "regionalization" as the first effect will be to accentuate the imbalances between different parts of the country. This is the limit of the current reform, which actually more than the federal and regional, as assigns roles of partial sovereignty to the regions, while keeping the administrative function for municipalities and provinces. In this scenario, a school headed by an inefficient or wrong level of government will fall on users, which is essential to curb this tendency will be to ensure the unity of the system compared to a situation that is deteriorating and dangerously different.
guarantee the rights of citizenship and equality enshrined in the Constitution, the universal right to education is all in the unity of the national education system, as well as the location for the reconstruction of the conflict lies in strengthening the State-Region unitary system overcoming the exasperated state centrism and the dangerous trend towards regionalization and fragmentation of knowledge.