Transposition of Community Law

The national implementation of community law is ensured by a Bill (the so-called "Community Bill") to be introduced by 31 December each year, "to fulfil obligations deriving from Italy's membership of the European Communities". The Government reports to Parliament on the compliance of national legislation with community law, the presence of any infringement proceedings and the sentences passed by the Court of Justice; it also provides a list of directives implemented or to be implemented by Government agencies or through regulations; explains why any directive whose deadline for implementation has expired or is about to expire has not been included in the bill; and provides a list of regulatory measures through which Regions and autonomous Provinces implement directives on matters under their jurisdiction.

The Community Bill also ensures that national legislation is regularly harmonised with community legislation -

- by amending those national provisions which do not comply with community obligations and those measures implementing community regulations which have become the object of infringement proceedings;

- by passing measures implementing community legislation, also through an act enabling the Government to implement such legislation or to delegate implementation to its agencies and regulatory bodies

- through measures including the main principles for implementation by Regions and autonomous Provinces of Union measures on matters under their jurisdiction;

- through provisions enabling the national government to pass legislative measures in default of compliance by Regions.

In conjunction with the Community Bill, the Government introduces before Parliament a Yearly Report on the development of the European integration process, the participation of Italy in the regulatory process and the implementation of economic and social cohesion policies, the opinions and recommendations of Parliament, the opinions of the Conference of Region Presidents, and the trends of financial flows to Italy and how they are put to use.

Senate Rule 144-bis establishes that the community bill and the Government's Yearly Report be tabled simultaneously before the EU Policies Committee and any other committee having jurisdiction over the subject matter therein dealt with. The two documents are examined together, until the Community Bill and the resolutions on the Yearly Report are passed by the Senate.

Another important tool for parliamentary scrutiny of Government action in the implementation of community law is Senate Rule 144-ter, establishing that the main sentences of the Court of Justice of the European Communities be sent to the EU Policies Committee and to any committee which has jurisdiction over the subject matter of the sentence. After examining the contents and appraising the consequences of the sentence in consultation with a representative of the Government and a rapporteur appointed by the EU Policies Committee, such committee may adopt a resolution requesting the national authorities to take appropriate measures.