The lack of a prior opinion from the Administrative Justice Council (Cga) does not automatically call into question the regional implementing decrees or the expenditure procedures already underway.
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This is the principle affirmed by the Joint Sections of the Cga, chaired by Ermanno de Francisco, with the final opinion number 191 of 2026, adopted at the meeting on July 2 and sent to the Region on July 29. The ruling responds to the question presented by the regional Economy assessor, Alessandro Dagnino, through the Legislative and Legal Office of the Presidency of the Region.
The doubt arising from the previous opinion
The issue had taken on much broader significance than the single measure on incentives. The doubt arose from an incidental passage contained in the previous interlocutory opinion number 138 of 2026, concerning the removal of the limit provided by the European “de minimis” regime for the 150 million measure intended for new permanent hires. That passage had highlighted the possible regulatory nature of the inter-assessorial decree and, consequently, the need for prior examination by the Cga.
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An extensive interpretation could have involved not only employment incentives but numerous regional decrees already issued without the consultative step, fueling fears that expenditure procedures for hundreds of millions of euros could also be challenged. The new opinion now removes what could have represented an independent cause of illegitimacy, while naturally leaving open the verification of any other defects in the individual measures.
When the Cga opinion is mandatory
According to the Cga, the regulatory nature of an act must be established based on its actual content and not its formal denomination. However, Article 9 of Legislative Decree 373 of 2003 makes the opinion mandatory only for the regulations of the “government of the Region,” that is, those issued by the president after a resolution of the council. The obligation does not automatically extend to the decrees of the assessors, unless a specific regional provision states otherwise.
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