The new framework for Italy's participation to the European Union set by Law n. 234/2012

1. The Legge Comunitaria
reform
The new framework for Italy’s participation to
the European Union set by the Law n. 234/2012
June 2013

2. It’s important to remind that…
Since 1989 the Legge Comunitaria has been the main instrument
for the transposition of the EU legislation and the rulings of the Court
of Justice of the European Union into the Italian Law.
The Legge Comunitaria, introduced in Parliament by the Government
within 31 January every year:
 delegated the Government to transpose Directives and Framework
Decisions (through Legislative Decrees, to be then adopted by the
Cabinet);
 laid down immediately applicable provisions, to make the Italian
Law compliant with EU acts (e.g. Regulations, European Court of
Justice sentences), often with a view to avoiding or solving pending
infringement procedures.

3. =2011 and 2012 Bills get stuck in Parliament and are not approved.
The European Commission sanctions Italy for failing to
transpose EU acts.
The Government is forced to adopt urgent acts to address
infringement procedures (Decree-Laws, s.c. “Salva-Infrazioni”) as the
December 2012 one.
Excessive heterogeneity
of the provisions of the Bill.
L e n g t h y p a r l i a m e n t a r y
procedure, due to the
attempts by MPs to amend
the Bill, introducing irrelevant
provisions (i.e. unrelated to
the transposition of EU acts).
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This mechanism is hampered by…
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4. The latest developments
Law n. 234/2012:
 reforms the procedures for the execution of EU acts, making them
compliant to the Lisbon Treaty;
 creates a new framework for the participation of Italy to the EU
law-making process and for the transposition of EU acts such
as Directives, Framework Decisions, Regulations etc.

5. Participation to EU law-making
process: what’s new
 Strengthened cooperation between the Parliament and the
Government in defining Italy’s position. Stricter rules binding the
Government to ensure that the positions brought at the EU level
are consistent with those expressed by the Parliament.
 “EU acts assessment teams”, set up within each Ministry to
ensure better coordination in the definition of EU policy.
 Enhanced participation of Local Administrations to the EU law-
making process.

6. Transposition phase: what’s new
Two distinct legislative acts take the place of the previous Legge
Comunitaria:
1. European Delegation Bill
2. European Bill
The 2013 European Delegation Bill and the 2013 European Bill, each
one within its scope, include the provisions laid down by the 2011 and
2012 Legge Comunitaria, never approved by the Parliament.

7. The European Delegation Bill is introduced in Parliament by the
Government within 28 February each year. Its sole purpose is to
entrust the Government with the transposition of EU Directives and
Framework Decisions.
As before, the Government will then transpose these acts into the
Italian Legislation through Legislative Decrees.
If necessary, a further European Delegation Bill (second semester),
may be introduced in Parliament within 31 July each year.
There are no imperative deadlines for the approval of the Bill.
However, the Bill itself sets deadlines for the adoption of the relevant
Legislative Decrees, as well as the principles and criteria that the
Government is required to follow.
European Delegation Bill

8. European Bill
The European Bill, for whose introduction no deadline is provided,
lays down provisions for the fulfilment of obligations set by the EU
Law, including:
 amendments to the national legislation, with a view to avoiding/
solving infringement procedures or to complying with a ruling of the
Court of Justice;
 measures for the implementation of any EU acts or international
Treaties entered by the EU, not including the ordinary procedure for
the transposition of EU Directives and Framework Decisions.
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