Implementation in Italy

The implementation of EU directives in Italy is currently regulated by **Law 234 of 2012**. This Law changed entirely how Community law is implemented in Italy, making transposition more timely and effective. That is, the implementation of EU directives and framework decisions is separated from the implementation of other EU Acts and Documents, as well as from International Treaties. The so called 'Community Bill' introduced in 1989 included provisions to implement EU legislation was divided into two separate legislative instruments.

The European delegation law, on the other hand, serves to insert into our legal order implementing rules of new EU directives or other legislative or non-legislative acts. This legislation in particular may provide for:

* legislative delegations exclusively aimed at transposing European directives and framework decisions;
* delegations aimed at amending or repealing existing state laws, limited to what is indispensable to ensure the conformity of the national legal system with the reasoned opinions invited by the European Commission or judgments of non-compliance issued by the EU Court of Justice;
* provisions authorising the government to transpose European directives by means of regulations;
* delegations for the definition of sanctions resulting from breaches of European regulatory acts;
* delegations to implement the not immediately applicable parts of European regulations;
* provisions identifying the fundamental principles on the basis of which the regions exercise their regulatory competence to transpose and apply EU acts;
* provisions authorising the government to issue single texts for the reorganisation and harmonisation of sectoral regulations;
* delegation of authority for the integration or correction of legislative decrees already in force.
* Implementation process

The Italian Government must submit to the Parliament a "European Delegation Bill" by the 28th of February each year. This Law confers powers to transpose EU directives into Italian Law and establishes which EU directives require the prior submission of a legislative decree or an Implementing Regulation to the competent committee prior to enactment.

If necessary, a further European Delegation Bill may be introduced by 31 July concerning the second half of the year.

In order to make the necessary amendments to current national legislation, both with the aim of implementing new directives as well as to face pending infringement proceedings, the Government may also submit to the Parliament a "European Bill".

When appropriate in consideration of the subject affected by the legislative acts, an opinion may be issued by the Regions and Autonome Provinces Conference.

For each of the laws of European delegation approved in the XVII legislature it is possible to account for the relative state of implementation, referring to the number of legislative decrees that adapt the Italian legal system to the European one, issued and published in the Official Gazette, on March 5 2018.

With the approval of the laws of the European delegation, the Parliament confers on the Government the delegation for the subsequent enactment of normative acts (the "legislative decrees"), which represent the main instrument for the transposition of the contents of the directives.

However, in the majority of cases, the legislative delegation provides that the Government is obliged to submit to the Chambers, for parliamentary opinion, the draft decree implementing one or more directives or adaptation of the Italian legislation to the regulations and European decisions.

The legislative decree schemes are examined by the parliamentary commissions responsible for the matter that express an opinion on the conformity of the Government's actions with the original European directives and with the principles and criteria of the delegation conferred with the legislative instrument.

## Senate Rule 144

Another important tool for parliamentary scrutiny of Government action in the
implementation of community law is **Senate Rule 144**, establishing that
the main rulings of the Court of Justice of the European Union should be sent to the EU Policies Committee and to any other appropriate committee. After
considering the contents and the consequences of the ruling in consultation with a representative of the Government and a rapporteur appointed by the EU Policies Committee, a committee such as this may adopt a resolution which requests the national authorities to take appropriate measures.

## The Italian track record in implementation

In the past, Italy was regarded as one of the worst performing members of the EU at implementing EU directives.  In fact, Infringement Procedures against Italy (IPS) for late or bad implementation are numerous. As an example, in 2006 the Infringement procedures were 260. A possible explanation for not complying immediately with the EU law could be attributed to the fact that Italy, despite having a definetely European vocation, Ministers and High Level bureaucrats sometimes lacked the necessary technical preparedness for implementing detailed rules.

More recently, the situation has improved. On the Internal market scoreboard published by the commission in 2014, Italy scored average when accounting for the five scoring factors: Transposition deficit, Progress over last six months (change in no of non-transposed directives), Long overdue directives, Total Transposition Delay, and Compliance Deficit. Italy's scores on four of the indicators were slightly better than the EU average. Only on long overdue EU directives was it worse, receiving 1 vs a 0.3 EU average. Italy was one of just 7 countries that had long overdue directives.

## Regional or local actors involved

Regions and autonomous provinces take part in the EU law-making process pursuant to Law 234 of 2014, which vest them with the authority to implement European directives on matters over which they have jurisdiction, although the State is vested with the authority to take over the powers of a region of this fails to fulfil its obligations. Constitutional Amendment Law no. 3 of 18 October 2001 had given new momentum to direct involvement of regions in the European process. Pursuant to Article 117 of the Constitution, State and Regions share legislative power. The Act establishes that Regions and autonomous Provinces may participate in “decisions leading to the development of EU regulatory measures” and “enforce EU measures, in compliance with the procedures provided in the national laws, regulating the ways in which the State may take over a Region’s authority, should the latter fail to fulfil its obligations”.

## The relationship between actors

Law 234 establishes that the Government should send EU proposals and background documents to the Parliament and the Conference of Regional Presidents. Regions and autonomous Provinces may notify the Government of their opinion on matters under their jurisdiction for the purposes of defining an Italian position. In this way, Regions and autonomous Provinces may also place a reservation on an EU measure regulating matters under their jurisdiction. The Government may take part in the development of such measure only after it has been considered by the Conference of State and Regions or if the conference has failed to provide an opinion after thirty days of the referral.

## Recent developments

Almost five years after their approval, it should be noted that the European delegation laws referring to 2013 are almost completely implemented.

With regard to the 2013 European delegation law, 35 directives have been implemented that are the object of the law. Furthermore, the national legislation has been adapted to the 2 EU regulations foreseen therein. All 8 of the directives to be implemented according to the specific directive principles and criteria of delegation contained in the article are all included. On the other hand, 4 directives have not been implemented, of which 3 in codified version which may not require the transposition requirement.

Also the second law for 2013, relating to the second semester, is almost entirely implemented, given that 18 directives have been implemented and two framework decisions have been implemented; the directive which has not yet been implemented (2010/13 / EU) is a codified directive, which therefore may not require the transposition requirement.

Similarly, the European delegation laws referring to the years 2014 and 2015 are largely implemented.

The powers conferred with the law n. 114 of 2015 have in fact ensured the transposition of 43 directives and 10 framework decisions, as well as the adaptation of national legislation to 6 European regulations. With regard to the law n. 170 of 2016, legislative decrees are issued that implement 12 directives and implement a framework decision, while the national legislation is adequate for three European regulations. An act, approved in December 2017 by the Council of Ministers, regarding the transposition of the 2014/90 directive, is still awaiting publication in the Gazzetta Ufficiale.

As a result of the recent final approval, which took place in October 2017, the 2016-2017 European delegation law is only partially implemented.

As of 5 March 2018, three legislative decrees concerning the implementation of the directives: 2015/1794 / EU were approved definitively by the Council of Ministers, but still awaiting publication in the Official Gazette; 2016/801 / EU and 2016/894 / EU. Furthermore, 12 directives issued in 2016 have been received - in an administrative manner.

On February 14 2020, The Italian Government proposed a Draft Law in which it presented the
information related to implementing actors for 2019 directives

1. ↑ https://euobserver.com/news/11100
2. ↑ http://ec.europa.eu/internal\_market/scoreboard/performance\_by\_member\_state/italy/index\_en.htm
3. ↑ 3.0 3.1 Senato della Republica. Role of the Senate in Italy's Membership of the European Union. The New Role of Regions. Available at: https://www.senato.it/3815?testo\_generico=924
4. ↑ https://temi.camera.it/leg17/temi/fase\_discendente\_di\_attuazione\_del\_diritto\_europeo\_
5. ↑ https://www.senato.it/service/PDF/PDFServer/DF/350253.pdf