European Law (legge europea)

According to Law 234/2012, regulating the Italian participation to the EU legislation- building and implementation process, the "European Law" (legge europea) is one of the legislative tools for the transposition of EU directives in Italy; the other being the “European Delegation Law “ (legge di delegazione europea). It includes immediately effective measures aimed at ensuring that the national framework is compliant with EU legislation, especially in case of improper transposition.

Under Article 30, par. 3 of Law 234/2012, the Government introduces a European bill "including provisions aimed at remedying the improper transposition of EU legislation", when in the framework of pre-infringement and infringement procedures, it recognizes that EU Commission’s arguments are founded. Such procedures are generally initiated through the “EU Pilot” communication system, established by the Commission in order to facilitate proper implementation of EU rules and prevent infringement procedures.

The “European Law” encompasses:

  • amendments to national legislation needed in case of pending infringement proceedings or decisions of the EU Court of Justice;
  • measures for the implementation of EU acts;
  • implementation of international treaties signed in the framework of EU’s external relations. 

In some cases it also provides for repeal and amendment of regulations non consistent with the obligations deriving from Italy’s membership of the EU. Furthermore, it regulates the exercise of the Government’s “substitution power” against Regions when these fail to comply with EU legislation in their field of competence or to ensure implementation or enforcement of international agreements and EU acts.

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