Law 234 /2012

Law No 234 of 2012 is the most important reference framework regulating the relations between Italy and the EU. It is the end point of a long process started with Law No 86 of 9 March 1989 and continued with Law No 11 of 4 February 2005.

The law, consisting of 61 articles grouped into nine chapters, is intended to strengthen the Italian participation in the European legislation building process and to ensure compliance at national level with EU rules.

The law changes the previous legislation in terms of:

  • reorganisation of relations between the Parliament and the Government in the European context
  • significant extension of the parliamentary bodies’ role in the EU policymaking, also in the light of the changes brought about by the Treaty of Lisbon
  • participation of regions, autonomous provinces, local authorities and social partners to the EU law-making process
  • splitting of the traditional annual EU law into a “European Delegation Law” (legge di delegazione europea) and a “European Law” (legge europea)

Law 234/2012 also establishes coordination mechanisms among public authorities, that are put in place both throughout the EU legislation building process and the process of adoption and implementation of EU rules in Italy.

With regard to litigation, it sets the procedures to be followed by the Government in lodging an appeal or intervening in the proceedings before the European Court of Justice.

Finally, Law 234/2012 regulates:

  • national coordination in the field of State Aid
  • action against EU fraud
  • administrative cooperation in the internal market

 

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