The New Role of Regions

Law 11 of 2005, by following up to the "La Pergola Act", provides regions with the authority to implement community directives on matters over which they have jurisdiction, save for the authority vested in the State to take over a Region's powers if this fails to fulfil its obligations. Direct involvement of Regions in the Community process was given new momentum by Constitutional Amendment Act no. 3 of 18 October 2001, which amended Title V of the Constitution, on Regions, Provinces and Communes. In detail, the amendments to Art. 117 of the Constitution have made State and Regions co-holders of the law-making power, "in compliance with the Constitution and the constraints deriving from European laws and international obligations". The Act also establishes that Regions (and autonomous Provinces) may - for the matters over which they have jurisdiction - participate in "decisions leading to the formation 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 powers, should the latter fail to fulfil its obligation".

The reform of Title V of the Constitution finally enshrines in the Constitution the participation of Regions in the formation of community law. Articles 5 and 6 of Law no 131 of 2003 to implement Article 117(5) and (9) of the Constitution further envisage that Regions be represented in Governmental delegations to working groups and committees of the Council and the Commission and that Italy be represented in the community by a regional representative when issues over which Regions have jurisdiction are dealt with. A provision also stipulates that Regions (and autonomous Provinces) may - for the matters over which they have jurisdiction - request the Government to challenge the compliance of community measures with the provisions of treaties before the Court of Justice.

Lastly, the Law regulates the international activity of Regions (agreements with other countries or local governments on the subject matters over which they have jurisdiction).

To complement above-mentioned Art. 5, Law 11 of 2005 includes measures to ensure that Regions and autonomous provinces take part in the formation of EU legislation (art. 5). It establishes that EU draft activities and reference documents are sent by the Government to Parliament and the Conference of Region Presidents. For the purposes of the achievement of the Italian position, Regions and autonomous Provinces may transmit their opinions to the Government, on the matters under their jurisdiction. Similarly to what happens for Parliaments, a reserve has been foreseen also for regions. It may be requested by the Government, upon the recommendation of the State-Regions Conference, on EU measures regulating matters under the legislative jurisdiction of Regions or autonomous Provinces. In this case, the Government may take part in the formation of such measure only after the measure has been scrutinised by the State-Regions Conference or if the Conference has failed to provide an opinion after twenty days following the referral. 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.