The Legge ComunitariareformThe new framework for Italy’s participation tothe European Union set by the Law n. 234/2012June 2013
It’s important to remind that…Since 1989 the Legge Comunitaria has been the main instrumentfor the transposition of the EU legislation and the rulings of the Courtof Justice of the European Union into the Italian Law.The Legge Comunitaria, introduced in Parliament by the Governmentwithin 31 January every year: delegated the Government to transpose Directives and FrameworkDecisions (through Legislative Decrees, to be then adopted by theCabinet); laid down immediately applicable provisions, to make the ItalianLaw compliant with EU acts (e.g. Regulations, European Court ofJustice sentences), often with a view to avoiding or solving pendinginfringement procedures.
=2011 and 2012 Bills get stuck in Parliament and are not approved.The European Commission sanctions Italy for failing totranspose EU acts.The Government is forced to adopt urgent acts to addressinfringement procedures (Decree-Laws, s.c. “Salva-Infrazioni”) as theDecember 2012 one.Excessive heterogeneityof the provisions of the Bill.L e n g t h y p a r l i a m e n t a r yprocedure, due to theattempts by MPs to amendthe Bill, introducing irrelevantprovisions (i.e. unrelated tothe transposition of EU acts).+[This mechanism is hampered by…[
The latest developmentsLaw n. 234/2012: reforms the procedures for the execution of EU acts, making themcompliant to the Lisbon Treaty; creates a new framework for the participation of Italy to the EUlaw-making process and for the transposition of EU acts suchas Directives, Framework Decisions, Regulations etc.
Participation to EU law-makingprocess: what’s new Strengthened cooperation between the Parliament and theGovernment in defining Italy’s position. Stricter rules binding theGovernment to ensure that the positions brought at the EU levelare consistent with those expressed by the Parliament. “EU acts assessment teams”, set up within each Ministry toensure better coordination in the definition of EU policy. Enhanced participation of Local Administrations to the EU law-making process.
Transposition phase: what’s newTwo distinct legislative acts take the place of the previous LeggeComunitaria:1. European Delegation Bill2. European BillThe 2013 European Delegation Bill and the 2013 European Bill, eachone within its scope, include the provisions laid down by the 2011 and2012 Legge Comunitaria, never approved by the Parliament.
The European Delegation Bill is introduced in Parliament by theGovernment within 28 February each year. Its sole purpose is toentrust the Government with the transposition of EU Directives andFramework Decisions.As before, the Government will then transpose these acts into theItalian Legislation through Legislative Decrees.If necessary, a further European Delegation Bill (second semester),may be introduced in Parliament within 31 July each year.There are no imperative deadlines for the approval of the Bill.However, the Bill itself sets deadlines for the adoption of the relevantLegislative Decrees, as well as the principles and criteria that theGovernment is required to follow.European Delegation Bill
European BillThe European Bill, for whose introduction no deadline is provided,lays down provisions for the fulfilment of obligations set by the EULaw, including: amendments to the national legislation, with a view to avoiding/solving infringement procedures or to complying with a ruling of theCourt of Justice; measures for the implementation of any EU acts or internationalTreaties entered by the EU, not including the ordinary procedure forthe transposition of EU Directives and Framework Decisions.•