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Role of the Senate in Italy's Membership of the European Union

Transposition of European Legislation

Law 234 of 2012 radically changed the way community law is implemented, by making transposition more timely and effective. The implementation of EU directives and framework decisions is separated from the implementation of other EU documents and international Treaties. The older "Community Bill", that was introduced before Parliament at the end of each year and included provisions to implement EU legislation was divided into two separate legislative instruments.

A European Delegation Bill is introduced by the Government by 28 February each year, and includes legislative delegation for the implementation of directives. If necessary, a further European Delegation Bill may be introduced by 31 July each year. In conjunction with such measure, the Government shall introduce before Parliament a Yearly Report on the development of the European integration process, Italy's participation in the European law-making process and the implementation of economic and social cohesion policies.

In conjunction with the European Delegation Bill, or even independently of it, the Government may introduce a European Bill, including all amendments to current national legislation that are necessary in consideration of pending infringement proceedings or rulings of the Court of Justice, as well as measures for the implementation of other EU acts and of international treaties negotiated and signed by the EU.

Under Senate Rule 144-bis, the Delegation Bill and the Government's Yearly Report should be introduced simultaneously before the EU Policies Committee and any other committee having jurisdiction over the subject matter therein dealt with. The two documents are considered together, until the Delegation 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 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, such committee may adopt a resolution requesting the national authorities to take appropriate measures.

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