Formation of Community Law

Law 11 of 2005 establishes that every EU measure and the relating preparatory work (including white and green papers and communications) be sent by the Government to Parliament for referral to a committee. On examining such draft measure, the committee shall issue an opinion and provide recommendations to the Government. For this purpose, a Committee may request the Government to prepare a report providing information on the status of negotiations, the measure's impact in Italian legislation and opinions provided by any advisors. When sending draft measures to Parliament, the Government shall indicate the date when such matters are scheduled to be examined or passed by community bodies. An important innovation brought about by Law 11 of 2005 lies in the introduction of the Parliamentary reserve (Art.4). By implementing the provisions of the European Constitution on the formation of Community legislation, it establishes that if Parliament is already considering legislation proposed by the Union or transmitted by the Government, the latter may resume its procedures in the framework of the law-making process only after the parliamentary stage has been completed or after twenty days have passed without any opinion having been issued by the Parliament. The twenty-day period shall commence when the Government makes it known that it has placed the measure under parliamentary reserve within the EU Council of Ministers. Such reserve may also be requested by the Government for legislative measures or other actions of particular political, economic or social significance.

Senate Rule 144 on Government's accountability to Parliament lays down that Parliamentary Committees should examine - each for the subjects over which it has jurisdiction - EU draft measures sent by the Government or published in the Official Gazette of the European Communities, as well as the information reports issued by the Government on relevant Community processes and compliance of existing national measures with the provisions of the draft measure in question; for this purpose, the opinions of the Foreign Affairs Committee and the European Policies Committee are gathered. Whenever it deems it appropriate, a Committee may issue a paper to guide Government action in community negotiations. Senate Rule 29 establishes that the programme and agenda of each committee are set in such a way so as to ensure the timely scrutiny of the preparatory documents of European legislation. Finally, Senate Rule 144-quater lays down that a Committee may - for the subjects over which it has jurisdiction - gather information from members of the European Parliament and the European Commission.

Regarding Parliament's rôle to provide guidelines to and to control the Government, Senate Rule 144 lays down that Parliamentary Committees examine - each for the subjects over which it has jurisdiction - the draft community measures sent by the Government or published in the Official Gazette of the European Communities, as well as the information reports issued by the Government on relevant Community processes and the compliance of existing national measures with the provisions of the draft community measure in question; for this purpose, the opinions of the Foreign Affairs Committee and the European Policies Committee are gathered. Whenever it deems it appropriate, a Committee may issue a paper to guide Government action in community negotiations. Senate Rule 29 establishes that the programme and agenda of each committee are set in such a way to ensure the timely scrutiny of the preparatory documents of European legislation. Finally, Senate Rule 144-quater lays down that a Committee may - for the subjects over which it has jurisdiction - gather information from members of the European Parliament and the European Commission.