Il gemellaggio con il Senato romeno€¦ · Study visit on european and multilateral international...

XV legislatura

Il gemellaggio con

il Senato romeno

Contributi

Servizio Affari internazionali

Presentazione

Il Senato della Repubblica ha preso parte, nel periodo ottobre 2005 - settembre

2007, ad un gemellaggio con il Senato della Romania, nell’ambito di un

programma comunitario Phare finalizzato a migliorare la capacità

amministrativa del Senato romeno.

Nella presente pubblicazione sono raccolte alcune delle relazioni svolte dai

funzionari del Senato italiano su temi direttamente connessi all’attività

parlamentare.

Il Senato ha inoltre avuto un ruolo di primo piano nell’area dell tecnologie

informatiche, ove ha provveduto alla stesura del piano strategico adottato dal

Consiglio di Presidenza del Senato romeno. Della parte dedicata all’informatica

e delle altre attività del gemellaggio si tratta in una più ampia pubblicazione a

stampa in due volumi, curata in collaborazione con l’Ufficio Organizzazione e

Strategie dell’Informatica, e disponibile a richiesta presso il Servizio Affari

internazionali del Senato.

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Una speciale menzione va fatta dei funzionari che hanno collaborato con

particolare impegno per la buona riuscita del gemellaggio.

Si tratta di Paolo Santomauro, Vice Segretario generale, Maria Valeria Agostini,

Direttore del Servizio Affari internazionali, Franco Guelfi, Direttore, Capo

dell’Ufficio Organizzazione - Strategie dell’informatica, Paolo Intreccialagli,

Capo Ufficio contabilità, tesoreria e cassa del Servizio di Ragioneria, Davide

Alberto Capuano, Consigliere del Servizio Affari internazionali.

INDICE

Relazioni Pag.

Activity 1.2 1 Training on the relevant european standards on parliamentary procedures and mechanism.

− TheItalian Parliament functions and procedures − The law-making process − Organisation of the business and sittings of the houses and

committees − Votes and voting methods − The quorum

2 15 45 66 72

A cura del Dr. Alfonso Sandomenico

Activity 1.4 77 Training session on constitutionality control. − Constitutionality control in the law-making process: the experience of

the Italian Senate

78

A cura del Dr. Paolo Aquilanti

Activity 1.8 e 2.9 85 Training on effective mechanism on monitoring and control of the implementation of the acquis communautaire. - Training on the control over government actions in EU affairs, elaboration of the opinion of the Parliament on the draft legislative European acts.

− Institutional aspects of Italy’s membership of the European Union − Development of community law − Transposition of community law − Rules of procedure of the Italian Senate

86 90 102123

A cura del Dr. Davide Alberto Capuano

Activity 5.4 128Training on conducting international parliamentary activities at multilateral level. − Training on parliamentary activity in a multilateral dimension 129A cura del Dr. Giovanni Baiocchi

Activity 5.5 135Study visit on european and multilateral international relations issues. − Senate Staff Establishment 136

A cura della D.ssa Maria Valeria Agostini

− IPEX 145

A cura del Dr. Gianpaolo Araco e della D.ssa Patrizia Borgna

Activity 1.2

Training on the relevant european standards on

parliamentary procedures and mechanism

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SENATO DELLA REPUBBLICA

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THE ITALIAN PARLIAMENTFUNCTIONS AND PROCEDURES

Mr Alfonso Sandomenico

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1. PERFECT BICAMERALISM AND THE LEGISLATIVE FUNCTION

The Italian Parliament consists of two Houses: the Chamber of Deputies and the Senate of the Republic. Following the principle of perfect bicameralism the two Houses perform identical functions.

Their main function is to make the laws of the country.

The Constitution establishes that the legislative function is exercised jointly by the two Houses (Art. 70). This means that, in order to become law, a bill must be passed by both Chamber and Senate in the same text.

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2. PARLIAMENT AND THE GOVERNMENT - I

The relations between Government and Parliament are very close and intense. The Government is appointed by the President of the Republic but must gain and retain the confidence of the Chamber and the Senate, separately expressed. After its establishment, a Government must submit its programme to each House. A debate will follow, concluded by a vote of confidence

By virtue of such vote, which brings a new Government to life, Parliament sets the political guidelines that the Executive must follow.

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3. PARLIAMENT AND THE GOVERNMENT - II

Confidence may be challenged by tabling a resolution of no-confidence before the Chamber or the Senate.

The Government may seek formal verification of majority support in either House by requesting a confidence vote on a bill it considers of vital importance for its action.

A vote against the opinion of the Government on such occasions (in which the parliamentary debate and the ensuing vote take special forms) entails the resignation of the Government.

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4. PARLIAMENT AND THE GOVERNMENT -III

The Government's attendance in Parliament (which, depending on the circumstances, may involve the President of the Council of Ministers, Ministers or Junior Ministers) is constant and intense: introduction of bills, planning the parliamentary agenda, expression of opinions on virtually any issue under consideration of the plenary or a committee, etc.

The Government is entitled to be heard whenever it so requests.

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5. PARLIAMENT AND THE GOVERNMENT - IV

Non-Legislative Business

Parliament has effective, confidence-related instruments to follow, guide and monitor Government action.

The Government is accountable before Parliament, which takes theGovernment to account through interrogations and questions.

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6. OTHER PARLIAMENTARY BUSINESS

The election, inauguration and – if need be –impeachment of the President of the Republic, in addition to the election of a portion of the Justices of the Constitutional Court and the Higher Judicial Council, is conducted by both Houses in a joint sitting attended also by delegates from the Regions.

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7. DIFFERENT COMPOSITION OF THE HOUSESBoth Houses are elected every five years. The only differences

between them lie in membership and the rules for the election of their members.

The 630 Deputies, who must be at least 25 years of age, are elected by all Italian citizens over 18 years of age. The 315 elected Senators must be at least 40 years of age and their electors must be over 25.

In addition to elected members, the Senate also includes Life Senators – who are appointed by the President of the Republic “for outstanding merits in the social scientific, artistic or literary field” – and the former Presidents of the Republic, who are ex officio Life Senators.

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THE LAW-MAKING PROCESS

The law-making process is divided into several stages:

- Introduction of a bill (legislative initiative) - Passage by the House where such bill was introduced- Transmission of such Bill to the other House and passage in thesame wording. In case of amendments, the amended sections will shuttle between Houses until a uniform version is reached- Promulgation by the President of the Republic (unless he/she refers bill back to Parliament for further consideration) and publication in the Official Journal.

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SUBMISSION OF A BILL

To be introduced before Parliament, a bill must have a title, an introductory report and a regulatory part divided intoarticles.

Bills may be introduced by the Government, an individual Deputy or Senator (in their respective House), the people (50,000 citizens enjoying the right to vote), the National Council for Economy and Labour (CNEL) - on specific issues -, and the Regional Councils.

When a bill is introduced, it is promptly announced on the floor of the House, printed and released. Thereafter, it is referred to the Standing Committee having jurisdiction over the subject matter.


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CONSIDERATION AND APPROVAL IN THE PLENARY

The ordinary procedure has two stages:

-Consideration by a Standing Committee, where a bill is scrutinised, amended and referred back to the plenary (in case the Committee has been given a reporting remit);

- Debate and vote in the plenary.


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COMMITTEE STAGE

In the course of its consideration of a bill, a Committee may seek the opinions other Committees on any parts of the bill over which the committee has jurisdiction. Committee members express the views of the various parliamentary groups on the content of the bill and may propose amendments. Opinions may be also acquired from experts or Government officials. Members of the Government participate in the consideration and drafting of the bill.

At the end of this stage, the Committee appoints a rapporteur from among its members to draft report a report for the plenary, which shall include the text as amended by the Committee and any minority reports. After the debate in the whole Senate, the Chamber of Deputies forms a Committee of nine, including the rapporteurs and the Group representatives from the reporting Committee.


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PLENARY STAGE

A debate in the plenary Senate begins with the rapporteur's introduction and statements of a Senator or Deputyper group, expressing the view of such member’s group on the overall contents of the bill. A reply by a member of the Government follows.

The bill is then scrutinised article by article, and amendments on the text tabled by the Committee are submitted and voted upon. Each article is then put to the vote. If any motions laying down guidelines for Government action on the implementation of the draft law have been introduced, they are considered and – once the views of groups have been expressed, put to the vote. Finally, the whole bill is put to the vote.


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ALTERNATIVE PROCEDURESIn addition to such ordinary procedure (which

is compulsory for certain types of laws) there are two alternative and shorter procedures:- If a committee has received law-making authority by the plenary, a bill is considered, amended and finally passed within such committee under the rules applicable to the plenary;- If a committee has received drafting authority by the plenary, a bill is considered, amended and voted article by article by such committee, and is referred back to the plenary only for the final vote on the whole text.


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CONSIDERATION OF BILLS PASSED IN THE OTHER HOUSE (1)

The same procedure applies as for bills originating in such House.

The bill to be printed and distributed is the one received from the other House. After referral to a Committee acting in a legislative or a reporting capacity, the bill will pass through all the stages of the ordinary or legislative Committee procedures.


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CONSIDERATION OF BILLS PASSED IN THE OTHER HOUSE (2)

If a bill has been passed by a House of Parliament but has been amended by the other House, only the amended sections will be considered.

Further amendments may only be considered if they are strictly related to amendments passed by the other House. In theItalian system of perfect bicameralism, this shuttling (“navetta”) between Chamber and Senate continues until such time as the two Houses of Parliament agree to approve two perfectly identical texts.


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PROMULGATION AND PUBLICATION (1)

Promulgation is the act by which the Head of State certifies that a given text has been made into law and orders it to be made public and enforced.

Promulgation must take place no later than a month after final passage of a bill. However, the President of the Republic may refer the text back to Parliament with an explanatory message demanding further consideration.


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PROMULGATION AND PUBLICATION (2)

The President's referral reopens the legislative procedure, and if the Law is approved it must this time be promulgated. Immediately after promulgation the Law is made public by its publication in the Official Journal of the Italian Republic.

The Law comes into effect, and is therefore compulsory for everyone, on the fifteenth day after its publication in the Official Journal (vacatio legis) unless a longer or shorter term is provided for in the Law itself. The date of the Law is that of its promulgation and its number that of its inclusion in the official collection of laws.


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POLITICAL GUIDANCE, ENQUIRIES AND SCRUTINY

The confidence requirement (1)

Parliament guides Government policy firstly through the confidence session and vote, whereby the Government is requested to gain the approval of Parliament within two days of its formation (Art. 94. of the Constitution).

Government's main policies are discussed in Parliament and, if they are approved, confidence is established between a parliamentary majority and the Government.

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The confidence requirement (2)Confidence may be checked any time:

- at the request of Parliament in the form of a no confidence motion tabled in the Chamber or the Senate by a tenth of their members.When a no-confidence motion (which be directed against an individual Ministers) is put on the agenda of a House of Parliament, a plenary debate opens, to be concluded by a vote;

- at the request of the Government , on any given issue which the Government holds as instrumental for the tenure of office.

In either instance, a vote of no-confidence leads to the resignation of the Government (or of such individual Minister as may have been mentioned in the motion).

POLITICAL GUIDANCE

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Motions, resolutions, recommendations

The Chamber and the Senate have a number of tools to guide Government action as defined following the confidence vote: motions, resolutions and recommendations.- A motion is a request for a debate and a vote in the plenary. It may include guidelines to the Government; - A Senate (or Chamber) resolution is a request to terminate a plenary debate on information from the Government or on a motion. A committee resolution is an instrument to define sectoral policies within such committee’s terms of reference;- A recommendation is a tool to provide guidelins to Government action and usually relates to a bill under scrutiny.

POLITICAL GUIDANCE

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Instruments (1)

Government’s accountability to Parliament is ensured through two typical instruments of Parliamentary oversigh: questions and interpellations.

- A question may are put to the Government by one or more members for the purposes of ascertaining whether a given fact is true and, if so, the Government has knowledge thereof and what, if any, actions it will take. A questions may require an oral answer (to which the mover may reply) in the plenary or in a committee, or a written answer, which is published in Parliament’s report.

GOVERNMENT ACCOUNTABILITY TO PARLIAMENT

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Instruments (2)

Questions requesting an immediate and oral answer (similarly to Question Time in the UK) are usually held once a week in the plenary and in committees.

- Interpellations are written, well-expounded individual member’s requests to the Government requesting explanations of Government conduct and future policies.

GOVERNMENT ACCOUNTABILITY TO PARLIAMENT

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Under Article 82 of the Constitution "each House House of Parliament may hold enquiries on matters of public interest by appointing Committees formed in such a way as to reflect the proportion of the various Groups". In most cases, a committee of enquiry is a joint body (i.e. comprising Senators and Deputies) established by Act of Parliament. For the purposes of discharging its tasks, a committee of enquiry enjoys "the same powers and limitations as the judiciary".

ENQUIRIES

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For the purposes of increasing knowledge on a given matter, a committee may conduct a fact finding study on an issue falling within its terms of reference. In such framework, Ministers, public servants, experts, representatives of groups concerned, etc. may be called to testify before such committee. A is produced at the end of the study, providing an account of the debate and the information gathered.

A committee may hold hearings during scrutiny of a bill in order to acquire information on the subject matter pertaining to such bill.

FACT-FINDING STUDIES

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1. INTRODUCING LEGISLATION

1.1 Background

Legislation may be introduced by the Government, a Member of Parliament, the people (under Art. 71 of the Constitution), regional Councils (under Art. 121(2) of the Constitution), the National Economy and Labour Council (Art. 99(3) of the Constitution). The list of those entitled to propose laws is not a definitive one. Art. 71 of the Constitution establishes that the power to introduce legislation may be conferred by Constitutional Amendment Act to “other bodies and agencies”.

On a formal level, all Bills are equal: they all trigger the law-making process.

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1.2 Temporary and Final Foreclosure

For a six-month period, no Bill may be introduced which “substantially” reproduces the contents of a previous bill (Chamber Rule [CR] 72(2); Senate Rule [SR] 76).

Save for Bills introduced by the people and for Bills enacting decree-laws, any Bill pending before Parliament automatically falls at the end of a Parliamentary term. (CR 107(4); SR 74).

INTRODUCING LEGISLATION

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1.3 Retrieval

Under the Rules, summary proceedings may be applied in order to retrieve a Bill introduced in the previous Parliamentary term which had already been reported to the full house or passed in the other house of Parliament (CR 107; SR 81).


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1.4 Government Bills I

A Government Bill is a Bill agreed by the Council of Ministers upon the proposal of the President of the Council of Ministers (i.e. Prime Minister) or a Minister having jurisdiction over the subject matter. The introduction of such Bill must be authorised by the President of the Republic. (Art. 87(4) of the Constitution).

Senate Rule 76-bis establishes that no Bill may not be considered “unless accompanied by the statutory technical report”. Chamber Rule 79(5) establishes that a Committee may, during consideration of a Bill, request the Government to provide data, information and technical reports.


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1.4 Government Bills II

The pre-eminence of a Government Bill is described by Senate Rule 51(2): “In the event that the Government announces to the Senate its intention to introduce a Bill” a committee “may defer or suspend its discussion” until such Government Bill is introduced (likewise in the Chamber).

Some Bills may only be introduced by the Government. The Budget (and Finance Bill), the yearly EU Law Transposition Bill, and Bills to enact decree-laws.


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1.5 People’s Bills

Under Article 71 of the Constitution fifty thousand citizens with full voting rights may introduce a Bill divided into sections. Law no. 352 of 1970 further stipulates that signatures should be gathered within a six-month period and that such Bill should be accompanied by a report.

Senate Rule 74(3) establishes that the appropriate committee should start considering any such Bill within one month of referral.


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1.6 Members’ Bills I

Under the Constitution “any member of Parliament” may introduce a Bill.

A Member’s Bill enjoys neither the pre-eminence of a Government Bill, nor the mandatory consideration requirement of a people’s Bill. Only the Senate Rules lay down that, when drafting its programme of business, the Senate should also take into account the Bills introduced by “individual senators” (SR 53(3)).


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1.6 Members’ Bills II

If a Member’s Bill is endorsed by the Government, itshall be considered within one month of referral (SR 79(1); CR 76(3)).

In the Senate, if a Bill is endorsed by all Parliamentary Groups, referral is immediately followed by consideration and inclusion in the next calendar of business.


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2. PRELIMINARY CONSIDERATION

2.1 Referral of a Bill

After a Bill has been printed, the President shall refer it to a committee (CR 72(1); SR 34, 35 and 36), which will consider the substance of the Bill (Art. 72 Const.).

Referral implies an important choice as to the (legislative or reporting) remit the committee shall bevested with and the mandate given to the committee to which the Bill is referred to (“for consideration“or "for an opinion ").

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2.2 Joint consideration

A committee considering a Bill shall consider jointly any Bills that are “identical to or closely connected with” such Bill as has been referred to it (CR 77; SR 51). When all such Bills have been gathered, consideration begins. Preliminary consideration is regulated by the Rules in the Chamber (CR 79(1) and 79(2)), by the President’s circular letter of 10 January 1997 in the Senate.

PRELIMINARY CONSIDERATION

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2.3 Purpose

Preliminary consideration purports to ascertain that:

a) legislation to regulate the subject matter is needed;

b) the proposed legislation complies with the Constitution;

c) the proposed legislation complies with EU regulations;

d) the jurisdiction of regions and local government is not infringed upon;


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e) the aims of the Bill have been properly identified and the means to achieve them are appropriate (viability of the law);

f) costs are consistent with the benefits, especially for private individuals, the civil service and enterprises;

g) the individual provisions of the Bill are unambiguous, also in relation to the body of laws in force which they become part of;

h) the deadlines established by the law are consistent with the time needed to enforce such law.


2.3 Purpose II

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2.4. Procedure (1)

Preliminary consideration starts with an explanatory presentation by the Chair or by a Senator delegated by the Chair to report to the committee on the bill, giving details of the background to the bill (CR 79(3); SR 41(2)). Overall scrutiny then follows.

The committee chairperson may detail a working or drafting group including members of the opposition (CR 79(9); SR 43(2)).


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2.4. Procedure (2)

During preliminary consideration, the committee may hear witnesses, request documentation and acquire opinions from outside Parliament.

When such process is over, the committee will turn to scrutinise the Bill proper, moving from either one of the Bills introduced or a consolidated parallel text.


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3 - ADVISORY FUNCTION

3.1 Requesting and Issuing Opinions (1)

During preliminary consideration, the opinions of other committees may be acquired, either by virtue of instructions provided by the President of the Senate upon referral, or because the appropriate committee may so deem fit at a later stage.

Any such opinion must be issued at very short notice in the Chamber (eight days as a rule, three days in case of summary proceedings or enactment of a decree-law, under CR 73(2)); while more time is available in the Senate (fifteen and eight days, respectively, under SR 39(1)). If no opinion is issued before such deadline expires, the reporting committee may proceed in its consideration, unless the opinion requested is a binding one.

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3.1 Requesting and Issuing Opinions (2)

A committee requested to issue an opinion may request an extension of the deadline or may withhold its opinion until a new text is produced by the drafting committee (and issue its opinion on such text) rather than commenting on the original text.

Such opinion shall be issued in writing; the Senate Rules envisage that, in case of urgency, it may be issued orally.

The types of opinions are shown in CR 73(3): a) positive; b) negative; c) positive with comments; d) positive on condition that the Bill is amended as instructed.

ADVISORY FUNCTION

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3.2 Binding Opinions

Some opinions are binding. Non-compliance by the committee considering the Bill will strip such committee of the authority to pass the Bill: hence, the committee will have to report the Bill to the plenary. When an opinion is sent to a committee with a reporting remit, such committee shall attach any such opinion to the report on the Bill being reported to the plenary and, if this is the case, explain why an opinion has not been complied with (CR 74 and 75; SR 40(7)).

A binding opinion may refer to any of four specific cases: funding; constitutional compliance; consistency with civil service regulation; compliance with European law. A committee expressing such an opinion is known as a “filtering committee”.

ADVISORY FUNCTION

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3.3 Strengthened Opinions

In the Chamber, so-called strengthened opinions exist: the Speaker may, on a case-by-case basis, establish that an opinion requested of a committee other than a filtering committee be considered binding.

ADVISORY FUNCTION

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3.4 Opinions of the Committee for Legislation (1)

The Chamber Rules envisage also another type of binding opinion.

Such is the case of an opinion issued by the Committee for Legislation on Bills enacting decree-laws (CR 96-bis(1)) and Bills empowering the Government or other agencies to enact laws or issue regulations on matters already regulated by law (CR 16-bis(6-bis)).

ADVISORY FUNCTION

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3.4 Opinions of the Committee for Legislation (2)

The opinion of the Committee for Legislation refers to the quality of a text, including its consistency, simplicity, clear and appropriate wording, effective capacity to overhaul existing legislation. In the case of a decree-law, the Committee may request that any provision contrary to the rules on specificity,consistency and scope of a decree-law be deleted (CR 96-bis(1)).

ADVISORY FUNCTION

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4 - REPORTING FUNCTION

4.1 Procedure (1)

When the necessary opinions have been received, a committee with a reporting remit should complete its preliminaryconsideration with the selection of the text to be tabled before the house.

The sole task of the committee is to report to the house. Therefore, procedural incidents like cloture or suspensorymotions may not be received. Such motions may be raised but not considered by the committee.

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4.1 Procedure(2)

In the Chamber, the committee will merely mention the existence of such motions in its report to the house. In the Senate, the committee holds a vote on them and, if it endorses them, shall table them in its report to the house (CR 79(8); SR 43(3)).

The reporting function as such includes two further stages: a) consideration and approval — section by section including votes on any amendments — of the text to be submitted to the plenary; b) appointment of the rapporteur/s (one for the majority, one or more for the opposition); in the Chamber, appointment of a “Committee of Nine”, so detailed by the committee as to ensurerepresentation of the opposition.

REPORTING FUNCTION

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4.2 Committee Report and Minority Reports

A report for the plenary is usually in writing and is printed in advance of the opening of the debate (24 hours in the Chamber, under CR 79(14); 2 days in the Senate, under SR 44(5)). In case of urgency, either House may authorise the committee to report orally.

Under the Chamber Rules, dissenting groups may designate, even jointly, minority rapporteurs (CR 79(12)), and such minority report(s) should include a Bill different, at least in part, to the Bill tabled by the committee. Senate Rules do not require a minority report to include an alternative Bill (SR 43(7)).

REPORTING FUNCTION

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4.3 Deadlines

For the purposes of drawing a programme of work in the Senate, after the committee’s deadline for referral has expired (which is usually two months, as per SR 44(1)), the Bill may be scheduled for consideration as it was originally introduced and without a committee report (SR 44(3)). While drawing the calendar of business, a shorter deadline than 2 months may be established.

In the Chamber, a committee organizes its business in such a way as to complete consideration of a Bill at least 48 hours before the date of inclusion in the agenda of the Chamberaccording to the calendar of business (CR 79(1)).

REPORTING FUNCTION

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5 - CONSIDERATION IN THE HOUSE (or in a committee with a law-making or drafting remit)

5.1 Stages

Consideration of a Bill in the plenary consists of two stages: a debate on the broad outlines of the Bill and a debate on the individual sections (CR 82(1)). The same applies to a committee vested with law-making (in the Senate, law-making or drafting)authority.

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5.2 General Debate (1)

The debate on the outlines is subject to limitations in the Chamber (CR 83(1)). After the comments of the majority and minority rapporteurs and the representative of the Government have been heard, only one speaker per group may take the floor. The floor is also given to any member dissenting from their group. The debate ends with the reply of the rapporteurs and the Government. A rapporteur may keep the floor for not longer than 20 minutes. A group representatives may, in the absence of a cloture measure, speak for the usual 30-minute period.

CONSIDERATION IN THE HOUSE

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5.2 General Debate (2)

In the Senate, general debate is not subject to limitations. It begins with the rapporteur’s introduction and ends with the rapporteur’s and the Government’s reply. Speaking time is shorter: 20 minutes for everyone (rapporteurs, senators, the Government), but the President may extend speaking time up to one hour for the Government, the rapporteur and one speaker per group (SR 89).


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5.3 Partition, Broadening and Closure of the GeneralDebate (1)

The general debate may be broken down into parts and chapters (SR 94), by a vote by show of hands.

In the Chamber, twenty members or the leader of a parliamentary group counting at least as many members may request that the debate be broadened, in order to enable more members to take the floor. Such request should be submitted to the Conference of Parliamentary Group Leaders.


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5.3 Partition, Broadening and Closure of the General Debate (2)

In the Senate, if the debate has not been time-framed, the President shall ensure that speaking times are consistent with the calendar (SR 84).

If the general debate in the Senate is not subject to limitations or such limitations have been exceeded, 8 senators may request an early closure. The Senate shall decide by show ofhands (SR 99(3)). In the Chamber, if the debate has not been time-framed and is not subject to limitations, such request may be submitted by 20 members or the leaders of one or more groups counting as many members. (CR 44(1)).


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6 - CLOTURE AND SUSPENSORY MOTIONS. REQUEST NOT TO CONSIDER INDIVIDUAL SECTIONS

6.1 Definition of Cloture and Suspensory Motion

A cloture is a motion to stop the debate on any business owing to reasons of constitutional compliance or the merits of the Bill. A suspensory motion is a motion to delay a debate (if so requested, until a deadline is met, under CR 40(1) and SR 93(1)). A suspensory motion may also request the Bill to be referred again to a committee.

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6.2 Deadlines

Such motions are usually submitted before the opening of a debate. Once the debate is ongoing, any such motion may be received by the presiding officer “if new elements have emerged since the opening of the debate which justify its submission” in the Senate, and if it is signed by ten members in the Chamber.

In the Chamber, a different regulation exists for a further incidental motion, on Bills to enact decree-laws (CR 96-bis(3)).

It may be submitted by a group leader or 20 members within five days of the announcement of the measure it refers to, and is debated and voted upon within seven days of such announcement. Such procedure is similar to the constitutional compliance check of decree-laws conducted in the Senate (see below).

CLOTURE AND SUSPENSORY MOTIONS

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6.3 Scrutiny (1)

A debate on a cloture or a suspensory motion is subject to limitations: one speaker per group in the Senate, after an explanation by the mover of each motion; in the Chamber, the limitation to one member per group includes also the mover.

Such motions are “incidental”: hence the debate on any such motion must be concluded with a vote of the plenary before the main debate can be resumed.


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6.3 Scrutiny (2)

In the Senate, an incidental motion (and a vote by show of hands thereon) takes absolute priority over the debate on the measure to which such motion refers (SR 93(2)). In the Chamber, any such question takes priority over the main debate only if notice has been given to the Conference of Parliamentary Group Leaders; in default of this, the motion is debated and voted upon after the conclusion of the general debate (CR 40(2)).

Under the Rules of both houses of Parliament, when more than one motion of cloture or suspensory motion have been tabled, only one debate and one vote shall be held. In the Chamber, motions of cloture on the grounds of constitutional compliance may be put to the vote separately.


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6.4 Effects of a Motion

If a motion for cloture is carried, the Bill to which it refers is rejected. If a suspensory motion is carried, the Bill is set aside for a given period of time or until a given condition is met.


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6.5 Motion not to Consider Individual Sections

After the general debate has been concluded, consideration of the sections of a Bill in the Senate may be blocked by a motion “not to consider individual sections” (SR 96). One representative per group may take the floor for no more than 10 minutes. Such motion is put to the vote prior to any general recommendation that may have been introduced.


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7 - CONSIDERATION OF ARTICLES AND AMENDMENTS

7.1 Debate on an Article (1)

Consideration of an individual article consists of the scrutiny of all amendments to it (CR 85(1); SR 100(2)). One round of debate is held on all amendments on each article; each amendment is explained by its mover. A senator or member may take the floor only once in each round of debate even if he or she has introduced more than one amendment (CR 85(2); SR 100(9)).

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7.1 Debate on an Article (2)

The speaking time available on each article and the whole set of amendments to it is 20 minutes in the Chamber (CR 85(2) and (6)) and 10 minutes in the Senate (SR 89(2)), in default of a time-frame.

At this stage, a number of procedural motions may be started: postponement, partition of the debate, set-aside, severance. A decisions on any such motion is made by the presiding officer or the plenary (CR 100(9), (10) and (11); SR 101).

The debate is closed by the comments of the rapporteur and the representative of the Government on the proposed amendments (CR 86(6); SR 100(9)).

CONSIDERATION OF SECTIONS AND EMENDMENTS

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7.2 Receivability of Amendments (1)

The presiding officer decides whether an amendment may be received (CR 89; SR 97 and 100(8)).

An amendment may not be received if: a) it is worded in unparliamentary language; b) it refers to issues totally unrelated with the debate; c) it is barred by a previous decision; d) it does not “entail a real change”, i.e. it has no regulatory function e) it is introduced by the Government unaccompanied by the statutory technical report on funding (SR 76-bis(2)).


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7.2 Receivability of Amendments (2)

Any amendments to “merely improve the style” are considered during the final drafting of the text.

In the case of Bills passed by one House and amended by the other, new amendments may only be introduced on those parts which have been amended by the other House, or are closely related to such parts (CR 70(2); SR 104).


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7.3 Opinion of the Budget Committee (1)

An Amendment entailing a burden on the public budget is referred to the Budget Committee for cost analysis. Such amendment is considered by the plenary only after the opinion (which may be provided orally in the Senate) of the Budget Committee is received (CR 86(2); SR 100(7)).


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7.3 Opinion of the Budget Committee (2)

In the Senate, if the Budget Committee notes that anamendment, article, or Bill under scrutiny in the plenary is not properly funded, a stricter procedure applies, under which no amendment may be put to the vote unless fifteen senators so move (in which case, a simultaneous roll-call vote is called, by virtue of SR 102-bis).

In the Chamber, when a Bill includes provisions on which the Budget Committee has issued a negative opinion or a positiveopinion on condition that changes be made to the text, the new wording is put to the vote as an amendment.


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7.4 Deadlines (1)

In the Chamber, amendments are introduced the day before the sitting when the articles of a Bill are going to be considered (CR 86(1)). In the Senate, the practice derived from the budget session is now widely used, whereby it is the Conference of Parliamentary Group Leaders which, from time to time, sets special deadlines for the introduction of amendments.

Only the Government and the committee having jurisdiction over the subject matter may exceed such deadlines. The presidingofficer may briefly postpone consideration of such amendments, in order to enable the introduction of sub-amendments or amendments related to them (SR 100(6); CR 86(5)).


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7.4 Deadlines (2)

If such a late amendment entails a burden on the budget, it may only be considered on the day following its introduction in the Chamber (CR 86-bis(5)), and only after the opinion of the Budget Committee has been received in the Senate.


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8 - RECOMMENDATIONS

Also on this point, Senate and Chamber Rules differ. In the Senate, a recommendation “on the merits of a Bill” is considered after the general debate. The rapporteur and the representative of the Government express their opinions on a recommendation before it is put to the vote (SR 95). The President may require that a recommendation concerning provisions included in a section of a bill be put to the vote before such section is voted on.

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In the Chamber, a recommendation is explained and put to the vote after the vote on the last section of a Bill but before the final vote on the whole Bill (RC 88).

The Government may accept or reject the recommendation, or accept it “as a general guideline”.

The mover may request that his or her recommendation be put to the vote or withdraw it.

Both in the Chamber and the Senate, an amendment may be withdrawn before it is put to the vote, to be re-introduced as a recommendation.

RECOMMENDATIONS

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9. VOTING AMENDMENTS AND SECTIONS

9.1 Voting Order (1)

An amendment is put to the vote before the section to which it refers (SR 102(2)).

If more than one amendment have been introduced to the same text, the ones most different from the original text will be considered first, in the following order: amendments to delete the entire section; amendments to delete parts of the section; amendments changing some wording; amendments adding some wording (CR 87(3); SR 102(2)).

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9.1 Voting Order (2)

Under this procedure, all amendments falling between the farthest and the closest to the text may be put to the vote if the earlier amendments are rejected.

A sub-amendment is put to the vote before the amendment to which it refers.

When only one amendment has been tabled for the deletion of a whole clause, the motion put to the vote shall be to keep the original text. (CR 87(3); SR 102(2) and (3)). When an amendment to replace a whole section with entirely new wording is carried, all other amendments to such section fall.

VOTING AMENDMENTS AND SECTIONS

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9.2 Authority of the President (1)

The President “may change the voting order when this is deemed appropriate for the economy and clarity of the vote” (CR 85(8); SR 102(4)).

The presiding officer may adopt an anti-filibustering practice commonly known as “kangaroo hops”: when a number of amendments differing only by successive steps of figures or data or by gradually varied phrases have been introduced, the presiding officer may put to the vote the amendment most different from the original text and then skip several middle amendments and call a vote on the least radical amendment.


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9.2 Authority of the President (2)

In this way, a number of amendments will automatically fall, without a need to put them to the vote (CR 85(8) R.C., SR 102(4)).

In ase of amendments introduced for filibustering reasons, a “vote on the principle” may be held, i.e. the principle informing several amendments is put to the vote. If such principle is rejected, all relevant amendments fall.

RECOMMENDATIONS

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9.3 Split Voting

The Senate may resolve to put to the vote separately various parts of a section when the text under scrutiny refers to more than one matter “or may be broken down into separate parts, each witha distinct logical meaning and regulatory contents” (CR 87(4); SR 102(5)).


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9.4 Safeguards for the Opposition

The Chamber Rules include measures to ensure that the Opposition may hold a plenary vote on its alternative drafts. An alternative text introduced by a minority rapporteur may be put to the vote, upon request of the member introducing such text, as a succession of amendments replacing entire sections of a Bill. A parliamentary group may move that amendments, additional sections and sub-amendments be put to the vote if summary votes or votes on the principle are held.


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9.5 Ways of Voting and Explanations of Vote (1)

The ways of voting on amendments and sections follow the general rules, with the exception of the aforementioned Senate Rule calling for a simultaneous roll call when the Budget Committee has expressed a negative opinion owing to lack of funding (SR 102-bis, see §7.3 above).


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9.5 Ways of Voting and Explanations of Vote (2)

Explanations of vote may be offered before the vote. In the Chamber, they are limited to one speaker per Group for no longer than five minutes. In the Senate, each senator may announce its vote individually and one speaker per Group may keep the floor for up to ten minutes for an explanation of vote.

Under the Constitution, the vote on the whole article of aBill closes the votes on amendments to such article.


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10 - FINAL VOTE

10.1 Consistency (1)

The final vote may be preceded by a preliminary consistency analysis.

For the purposes of ensuring the consistency of the text, the Committee of Nine or the Government in the Chamber, any senator, the Government or the President in the Senate may propose amendments, which are put to the vote of the plenary(CR 90(1); SR 103(1) and (2)).

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10.1 Consistency II

In the Senate, the final vote may be delayed – though this has never happened so far – in order to enable the committee and the Government to better clarify such consistency amendments “when the text of a bill has been extensively amended”.

According to the Chamber Rule 90(2) and by way of practice in the Senate, the Speaker may further edit the text after the vote.

FINAL VOTE

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10.2 Voting Methods (1)

In the Chamber, the final vote is held through the electronic system. Names of voting members are registered and the presence of a quorum is checked as a matter of course. (CR 49-quater).

In the Senate, a simultaneous roll call vote is required only for Bills to amend or revise the Constitution; change the electoral law; delegate law-making authority; enact decree-laws on public order; and for the Budget, the Finance Law, and annexed bills(SR 120(3)).

FINAL VOTE

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10.2 Voting Methods (2)

When a Bill includes only one section, the vote on the section coincides with the final vote. The Chamber Rules providefor exceptions, if the section has been subject to a split voting procedure or if a motion of confidence has been tabled thereon (CR 87(5); SR 120(2)).

FINAL VOTE

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10.3 Transmission of a Bill

After the final vote, a Bill is sent to the other house of Parliament in a file, called “message”.

The message will shuttle between one house and the other until both houses have passed the Bill in the same text. However, after the first two readings, few chances to further amend the Bill remain.

After the double passage of a Bill in the same text, the presiding officer of the house of Parliament which has finally passed the Bill sends the message to the Government for promulgation by the President of the Republic and publication inthe Gazzetta Ufficiale.

FINAL VOTE

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1


a

ORGANISATION OF THE BUSINESS AND SITTINGS OF THE HOUSES OF PARLIAMENTAND THEIR

COMMITTEES


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a

DEFINITIONS- The Conference of Parliamentary Group Leaders (including the Vice Presidents in the Senate) assists the President in drafting three-month (in the Chamber of Deputies) or two-month (in the Senate) programmes and, usually, monthly calendars.

- Programme, calendar and agenda are three concentric circles regulating plenary business.

- The programme of business contains a hierarchical list of items to be considered by the House and the time when they are expected to be included in the agenda.

- The calendar of business defines the circumstances and timing to implement the programme.

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1 – PROGRAMME OF BUSINESS

1.1 Allocation of working time (1)

a) Senate: Under Rule 53(2), four weeks of each bi-monthly period shall be set aside for standing and special Committee sittings and for meetings of Joint Committees; three weeks shall be set aside for Senate business, and one week for the work of parliamentary Groups and individual Senators.

Rule 53(3) states that appropriate time frames shall be allocated Parliamentary oversight of Government action. Furthermore, no less than four sittings every two months shall be held to consider bills introduced by the Opposition.

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1.1Allocation of working time (2)

b) Chamber of Deputies: Under Rule 23(10), except during the budget session, a week shall be set aside during which ordinary business shall be suspended to deal with other parliamentary business.

In practice, these rules have hardly ever been applied, owing to Government’s extensive use of decree-laws.

PROGRAMME OF BUSINESS

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1.2 Drafting the Programme (1)

- The programme of business is drafted on the basis of suggestions made by the Government and proposals put forward by the Groups.

- For this purpose, the President consults with the presiding officer of the other House of Parliament, the Chairpersons of standing and special Committees, Parliamentary Group Leaders and the Government (which indicates its own priorities).


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1.2 Drafting the Programme (2)

- Senate Rule 53(3) states that also individual Senators may make proposals with regard to Parliamentary oversight of the Government. For this purpose, Rule 53(7) establishes that the Rules of Procedure of individual parliamentary Groups shall lay down the procedures and manner whereby individual Senators may express their positions and submit proposals regarding the matters included in the programme of business or the agenda.


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1.3 Approval (1)

a) Senate (Rules 53(4) and 54)

If unanimously adopted by the Conference of Parliamentary Group Leaders, the programme of business shall become final after it is announced to the Senate. When such announcement is made, if a Senator or a representative of the Government requests a debate on the programme, one speaker per Group, in addition to the Senator or Government member requesting the debate, may address the Senate for no longer than 10 minutes each.


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1.3 Approval (2) (Senate )

Such procedure shall also be applied to the consideration and adoption of amendments to the programme of business.

Should the Conference of Parliamentary Group Leaders fail to reach an agreement on the programme, the President shall compile a one-week work plan based on the opinions put forward at the Conference.

This work plan shall be announced before the Senate and if no amendments are proposed it shall be deemed adopted. Otherwise, the Senate shall vote on the individual amendments proposed following a debate restricted to only one speaker per Group, who shall each be given the floor for no more than 10 minutes. During the course of the week, the Conference of Groups Leaders shall be convened to establish the scheduling of business for the following period.


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1.3 Approval (3)

b) Chamber of Deputies (Rule 23(6)-(8))The programme of business shall be adopted if approved

by the Conference of Groups Leaders, representing no less than three-quarters of the members of the Chamber. The Speaker shall allocate time to items proposed by dissenting Groups. The amount of such time shall be proportional to the sizes of such groups.

If a qualified majority is not obtained in the Conference of Group Leaders, the programme of business shall be compiled by the Speaker following the criteria set out above and the proposals of parliamentary Groups, under the subject and time allocations criteria provided by the Rules regulating agenda approval.


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1.3 Approval (4) (Chamber of Deputies)

The programme of business compiled under these criteria shall become final after its announcement to the House. Deputies may take the floor for not more than two minutes each, ten minutes overall for each Group, to offer comments that may be taken into consideration when the next programme of business is drafted.

The Finance and Budget bills, the budget adjustment bills to be considered during the budget session, the Community bill and any mandatory business other than bills to transpose decree-laws, shall be included in the programme of business notwithstanding the above provisions.


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2 – CALENDAR

2.1 – Drafting and contents (1)

a) Senate (Rule 55(1)(2))

In order to establish how to implement the programme of business, the President shall draft a calendar and submit it to the approval of the Conference of Group Leaders including one representative of the Government.

Such calendar, which shall normally span one month, shall show the number and date of each sitting, along with the business on the agenda.

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2.1 - Drafting and contents (2)

b) Chamber of Deputies (Rule 24(1)(2) and (5))

When the programme of business has been drafted, the Speaker shall convene the Conference of Group Leaders including one representative of the Government to define the conditions and timing of its implementation through the adoption of a three-week calendar. The Government shall offer its recommendation on the timing of the agenda to the Speaker and such Conference no less than twenty-four hours in advance of such sittings. During this time,, each Group may offer its own proposals to the Government, the Speaker and the other Groups.

CALENDAR OF BUSINESS

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2.1 – Drafting and contents (3) (Chamber )

The calendar shall be drafted on the basis of the recommendations received from the Government and the proposals tabled by the Groups.

It shall list the sittings when the agreed subjects will be dealt with, along with a break-down of debate days and voting days.


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2.2 - Approval and amendment (1)

a) Senate (Rule 55(3),(4),(6),(7)

If the calendar is agreed by unanimous consent, it is considered to be final and is announced to the Senate. Otherwise, the Senate shall vote on any proposed amendments by a show of hands following statements by not more than one speaker per Group, who shall be given the floor for not more than 10 minutes each. The agreed calendar shall be published and circulated.

Such procedure is also applicable when considering amendments to the calendar.


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2.2 Approval and amendment (2) (Senate )

The calendar may only be amended by the President of the Senate, in order to include any items which are required to be considered and put to the vote, under the Constitution or the Rules, on a date falling within the period covered by the calendar.

At the end of each sitting, the Senate may resolve on a proposal submitted by the President, or at the request of the Government or eight Senators, to place on the calendar urgent and contingent matters not included in the programme of business, provided that this does not prevent implementation of the programme of business. If necessary, supplementary sittings may be held to consider such matters. Following the same procedure, the Senate may reverse the order of items on the calendar. Such measure shall be adopted by show of hands after not more than one speaker per Group has taken the floor for no more than 10 minutes.


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2.2 Approval and amendment (3)

b) Chamber of Deputies (Rule 24(2)-(4),(6))

A calendar adopted by the Group Leaders representing an overall membership not lower than three-quarters of the members of the Chamber, shall be final and shall be communicated to the House. The President shall allocate time to matters proposed by dissenting Groups, in proportion to the sizes of such Groups. Deputies may take the floor for no more than two minutes each (not exceeding ten minutes for each Group) to offer comments that may be taken into consideration when the next order of business is drafted.


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2.2 Approval and Amendment (4) (Chamber )

If a three-quarters majority is not obtained in the Conference of Group Leaders, the order of business shall be compiled by the Speaker, who shall include the matters proposed by the Opposition, for no less than one-fifth of the times of the allotted time.

Subjects other than bills proposed by the Opposition for inclusion in the calendar shall be entered, as a rule, as the first item on the agenda of the sittings in which they are dealt with. Bills transposing decree-laws may not receive more than half of consideration time.


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2.2 Approval and Amendment (5) (Chamber )The order of business thus established shall

become final after its announcement to the House. At this stage, Deputies may take the floor for no more than two minutes each (for a total of ten minutes per Group) to offer comments which may be taken into consideration when the next calendar is drafted.

The Finance and Budget bills, the budget adjustment bills to be considered during the budget session, the Community bill and anymandatory business other than bills to transpose decree-laws, shall be included in the programme of business notwithstanding the above provisions. They are not taken into account for the calculation of the item and time quotas under the Rules.


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2.2 Approval and Amendment (6) (Chamber )

The procedure regulating adoption of the calendar shall also regulate amendments to it tabled by the Government or Groups. Should any urgent matters not previously included in the programme arise, they may be included in the calendar provided this does not prevent its implementation. If necessary, additional sittings may be held.


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3 – ALLOTMENT OF TIME TO GROUPS

3.1 Senate (1) (Rules 55(5) and 84(1))

When drafting the calendar for consideration of an item, the Conference of Group Leaders shall decide by simple majority the overall time allotted to each Group, and the date of the final vote.

The House may not vote on the decision made by the Group Leaders.

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3.1 Senate (2)

If the debate has not been regulated, the President shall ensure that speaking time is consistent with the calendar. If a Group has used all the time available, no further members of such Group may take the floor. A Senator holding a view other than that of their Group may register to speak and their speaking time shall not be considered part of such Group’s speaking time.

ALLOTMENT OF TIME TO GROUPS

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3.2 Chamber of Deputies (1) (Rules 24(7) and (12)

Under Rule 24(7), the Group Leaders shall decided by a three-quarters majority the overall time for the debate on matters included in the agenda for the plenary, in relation to their complexity.

After discounting speaking time for the rapporteur, the Government and non-attached members, and for points of order and votes, the Group Leaders shall allot four-fifths of remaining time available for consideration in all stages of a bill to the Groups according to their size.


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3.2 Chamber of Deputies (2)

The remaining time (one-fifth) shall be reserved for personal statements of members, provided they have given notice of this in advance of the debate. The time allocated to the Group of non-attached members shall be shared by the factions therein included, according to their size. For the consideration of Government bills, the Group Leaders shall give opposition groups more time than majority Groups.


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For the general debate on the merits of a bill, each Group shall in any case be assigned overall speaking time.

If the majority required for the adoption of the calendar of business is not obtained, the Speaker shall set the overall debate time and allot it to the Groups as explained above.

Time periods for the statements of the rapporteurs shall be set separately for the majority rapporteur and for minority rapporteurs. The time allocated to the latter shall be calculated in proportion to the size of the Groups they represent and, in any case, shall be no less than a third of the majority rapporteur’s time.


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The Speaker shall set the time for points of order and personal members’ statements.

For the stages following the general debate on constitutional amendment bills and bills requesting a secret ballot, time allotment provisions shall be applicable only following a unanimous decision by the Group Leaders, or if the debate is not completed and the bill is included in a later agenda.


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If so requested by a parliamentary Group, the Speaker shall ensure that these provisions are applied in the consideration of bills regarding matters of extraordinary political, social or economic significance or relating to the fundamental rights enshrined in Part I of the Constitution.

On a transitional basis, all such measures shall not apply to the procedure to transpose decree-laws.


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4 – THE AGENDA

As a rule, the President sets the agenda on the basis of the calendar and programme of business approved.

The House may not debate nor resolve on any business that isnot on its agenda, save the following cases:

a) SenateRule 56(4) provides that, in order to discuss or vote on

any item not on the agenda, the Senate must adopt a decision by a two-thirds majority of members present, acting on a proposal tabled at the beginning of the sitting or before the Senate addresses another agenda item, by the Government or the Chairperson of the relevant Committee or eight Senators.

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Only one speaker for each Group may address the proposal for not more than ten minutes. If the proposal is carried, the Committee may give an oral report.

b) Chamber of Deputies

Rule 27(2) provides that a vote by public ballot and by simultaneous roll call is required to open a debate on or put to the vote matters not included in the agenda. A majority three-quarter majority must be obtained. Such request may be submitted by thirty deputies or one or more Leaders of Groups which, separately or jointly, comprise such number of Deputies. The request may be submitted only at the opening of the sitting or before moving to a different agenda item or when the debate has been suspended.

THE AGENDA

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- Senate Rule 56(3) also provides that the President may decide, or eight Senators propose a reversal of the order of items on the agenda. The President may decide to put the proposal to a vote by show of hands, after giving the floor to only one speaker against and one in favour for no more than 10 minutes each.

- The Speaker of the Chamber of Deputies has by practice the same power.

- Before closing the sitting, the President of the Senate shall announce the date, time, and agenda of the following sitting; the Speaker of the Chamber of Deputies shall announce the agenda and time schedule of the sittings for the two following working days.

THE AGENDA

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5 – CONVENING PARLIAMENT

A House of Parliament is convened by its presiding officer through delivery of the agenda.

Special sittings of a House may be convened on the initiative of its presiding officer or the President of the Republic, or one third of its members. A House is automatically convened when a special sitting of the other House is called.

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6 – ORGANISATION OF COMMITTEE BUSINESS

6.1 – Convening Committees

a) Senate (1) (Rule 29)

A committee is convened the first time by the President of the Senate for its formal establishment, after which it is convened by its Chairperson, who shall enclose the agenda for the meeting in the notice.

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6.1 – Convening Committees (2) (Senate)

At the end of each sitting, the committee chairperson Committee shall announce the date, time and agenda for the next sitting. The agenda shall be printed and published.

If the notice convening the next meeting is not announced at the end of the sitting, the agenda shall be printed, published and delivered to each member of the committee no later than 24 hours before the next sitting. When the Committee is sitting in a legislative or drafting capacity, the agenda must be served 48 hours in advance.

ORGANISATION OF COMMITTEE BUSINESS

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Sitting of a committee in a legislative or drafting capacity held when the Senate is in recess shall be announced by the President of the Senate at the last sitting of the Senate before Parliament is adjourned. The President shall announce the date and agenda of the Committee meetings, and provide the agenda for the meeting to all Senators, normally at least three days before the date of the sitting.

Special sittings of committees may be convened to consider special matters at the request of the President of the Senate, also following a request of the Government. The President of the Senate may also request the cancellation of convened meetings when this is deemed necessary in relation to the business of the Senate.


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When the Senate is in recess, at the request of one-third of its members, a Committee may be convened to discuss specific issues. Such sitting shall be held within 10 days of the date of the request.

When the Senate is sitting, any Committee acting in a legislative capacity or in a drafting capacity shall adjourn whenever requested to do so by the President of the Senate or by one-third of its members.


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6.1 – Convening Committees (5)

b) Chamber of Deputies (Rules 30 and 26)

Committees shall be convened via the Secretary General of the Chamber. As a rule, notices shall be sent out no later than forty-eight hours prior to the meeting.

Before closing the sitting, the Chairperson of the Committee shall announce the agenda and time schedule of the sittings for the two following working days. If this is challenged, the Committee shall decide by show of hands, having heard one speaker against and one in favour for not more than ten minutes each.


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6.1 – Convening Committees (6) (Chamber of Deputies)

If the business of the Committee has been organised according to the provisions set out as above, the Chairperson shall set the agenda on the basis of the agreed programme and order of business. Such decisions may not be challenged.

When the Chamber is adjourned, if one fifth of the members of one standing committee request that it be convened to debate specific issues, the Chairperson shall ensure that the Committeeshall meet no later than ten days from the date the request was filed, and shall notify each individual member of the agenda, insuch a way that at least five days elapse between the notice andthe day the meeting is actually held.


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6.1 –Convening Committees (7) (Chamber of Deputies)

The Government may request that the committee be convened if it wishes to be heard. Committees may not sit at the same time as the plenary, unless authorised to do so by the Speaker. For the purposes of plenary business, the Speaker may at any time cancel committee sittings.


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6.2 – Programme and calendar (1)

a) Senate (Rule 29)

A Committee Bureau, which shall comprise the representatives of Groups, shall draft the programme and calendar of business for each Committee in time to ensure prior examination of bills and other measures included in the Senate programme and calendar. At the request of at least one-fifth of committee members, a committee Bureau may place a particular item on the agenda of a sitting, even if such matter was not included in the programme of business, without prior notice.


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6.2 – Programme and calendar (2) (Senate)

A programme and calendar of business of each committee shall also be drafted to ensure that preparatory documents for European Union legislation published in the Official Journal or notified by the Government may be timely scrutinised.


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6.2 – Programme and calendar (3)

b) Chamber of Deputies (Rule 25)

The Chairperson of the Committee shall convene the Bureau, with the participation of the representatives of the Groups, to establish the programme and order of business in compliance with the criteria and procedures provided for the organisation of the business of the House. The Government shall be informed of the meeting so that it may be represented.


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6.2 – Programme and calendar (4) (Chamber of Deputies)

The programme and calendar of a Committee shall be set so as to ensure that the bills and other items included in the programme and the agenda of the House are considered as a priority, in compliance with the time limits therein envisaged.

Bills included in the programme for the plenary shall be included as the first agenda item of a reporting Committee, on the first sitting scheduled under such committee’s agenda, compiled after the Chamber has been informed of such programme.


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6.2 – Programme and calendar (5) (Chamber of Deputies)

The programme and calendar of a Committee shall also be set in such a way as to ensure prompt consideration of EU documents and draft regulations.

The Speaker may at any time ask the committee chair to include subjects in the agenda, in compliance with the principles set out in the programme or agenda of the Chamber. The Speaker may also, if it is deemed necessary, convene one or more committees, and set their agenda. He or she shall inform the House thereof.


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1


a

VOTES AND VOTING METHODS


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1. General Principles

Under art. 64 of the Constitution “A decision of a House of Parliament is not valid unless it is passed by a majority of those present, notwithstanding any qualified majority requirement envisaged by this Constitution”.

Special majorities are required for the adoption of parliamentary Rules of procedure (absolute majority of members), passage of an amnesty and pardon bill (two-thirds majority), and bills amending the Constitution or a constitutional amendment law (to be passed twice with a three-month interval in each House, and by an absolute majority of members in the second vote).


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2. Abstentions

There is a difference between the two Houses relating to the implementation of the Constitutional principle of majority.

Chamber Rule 48, after repeating literally the content of art. 64 of the Constitution (“A decision of a House of Parliament is not valid unless it is passed by a majority of those present”) adds that only “those casting yes or no votes shall becounted as present”. This means that Deputies who abstain are not counted.

Senate’s Rule 107 states instead that “all votes in the Senate shall be decided by a majority of voting Senators”; under Senate practice, Senators who abstain are counted as present (which means that an abstention is equivalent to a no vote).


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3. Voting methods (1)

Manifest or secret ballot (Senate Rule 113; Chamber Rule 49)

The general principle is that voting is by public ballot.

A secret ballot shall always be held in votes relating to individuals and elections. Ballot cards shall be used

At the request of a 30 Deputies or 20 Senators a secret ballot may be held on matters relating to language minorities; civil ethical and social relations under Articles 13 to 23 of the Constitution [“in votes having a bearing on” such principles, the Chamber Rules say], and amendments to the Rules of the Houses.


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The Chamber Rules further provide that a secret ballot vote may be held if so requested, on:- a motion to establish a committee of inquiry; - an ordinary bill on Parliament, the President of the Republic, the Government or the Constitutional Court; - a regional body; and- electoral law.


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In no case may a secret ballot be held vote on money bills, provisions and amendments relating to taxation, revenue measures, funding measures or budget allocations.


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A final vote on a bill is usually taken by open ballot; a secret ballot may be requested save for bills dealing mainly with the above. The President shall make a decision – after consultation with the Committee on Rules if necessary – as to whether the main contents of such bill have a money nature.

Chamber Rules establish that if the issue under consideration is composite nature, a split vote may be requested on the part to be put to secret ballot.


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5. Manifest ballot (1)

In open ballots, votes shall be cast by show of hands or roll-call. Roll-call votes shall either be conducted by simultaneous (electronic) roll-call voting or by simply calling the roll.

The standard voting procedure is by show of hands, unless a roll-call vote is requested (by 15 members in the Senate; by 20 Deputies or one or more Leaders of Groups which, separately or jointly, number no less than the same number of Deputies).


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Votes by show of hand may also be conducted using the electronic voting system – without recording of names – if the President deems it appropriate to facilitate the vote.

The electronic voting system shall also be used whenever a request is made to confirm the vote by show of hands.

Simultaneous roll-calls votes shall be held using the electronic voting system, with recording of names.


10


Traditional roll-call votes are used for motions of confidence or no-confidence. In this case, after explaining the meaning of the “yes” and “no” votes, the President shall draw by lots the name of the first member called to vote, after whom others will follow in alphabetical order. Each member shall be called by name and they shall state their votes in a loud voice.

When a vote with the electronic voting system is held, save when the vote is by show of hands, the President shall allow twenty minutes before the vote is opened.


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11

7. Final votes

In the Chamber of Deputies, a final vote on a bill is by public ballot (except the cases in which secret ballots are admitted) by means of electronic votes with the recording of names.

In the Senate, a final vote, if public, is normally held by show of hands, except in the following cases, when a roll-call vote using electronic voting system is required:

Constitutionals amendment bills, Constitution review bills, electoral bills, bills mainly including enacting legislation, bills dealing with matters of public order, bills to pass the State Budget and Financial Accounts, finance bills.


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1


a

THE QUORUM


2

1. The quorum

After art. 64 of the Constitution “the decisions of each House and of Parliament are not valid if the majority of the members is not present”.

Parliamentary Rules nevertheless provide some corrections to this principle.

THE QUORUM

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3

2. In the plenary (1)

Senate

Rule 108.2 establishes that Senators absent from the Senate on business on behalf of the Senate or because of their duties as ministers shall not be counted when establishing the quorum. The same applies to Senators on leave of absence (who have duly submitted a written request to the President) up to a maximum of one-tenth of the total members of the Senate.

THE QUORUM

4


Chamber of Deputies

Rule 46 provides that Deputiesengaged in activities outside the Chamber premises, to

which they have been appointed by the Chamber itself, or Deputies who, being members of the Government, are absent by reason of their office, shall be counted as present for the purpose of establishing the presence of a quorum.

In addition, in votes for which a quorum is required, those Deputies present who, prior to the beginning of the vote, have declared their intention to abstain, shall be counted for the purpose of establishing the presence of a quorum.

THE QUORUM

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5


Main differences

Leaves of absence are not admitted in the Chamber. In the Senate, the quorum may vary depending on the number of authorised absences. Authorised absent Deputies are added to the those present in the Chamber, but the quorum is fixed (630/2+1=316).

THE QUORUM

6

5. In standing committees (1)

Senate (Rule 30.3)

When a quorum call is ordered the majority of the members of the Committee are required to be present for any decisions made at sittings in a legislative capacity or in a drafting capacity or when the Committee is convened to debate and decide on matters which do not need to be reported back to the Senate.

In all other cases it is sufficient for one third of the membersto be present.

THE QUORUM

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7

6. In standing committees (2)

Chamber of Deputies (Rule 46.1)

Decisions of Committees acting in a legislative capacity shall not be valid if a majority of their members is not present. For decisions of Committees acting in a non-legislative capacity the presence of not less than a quarter of their members shall be required.

THE QUORUM

8

7. General rules

A quorum is always deemed to be present, notwithstanding that 12 Senators (1 Senator in the Committees), 20 Deputies (4 in the Committees) present in the sitting may, before a vote is called by show of hands, move that the President establish the quorum.

Members requesting a quorum call shall be counted as present for the purpose of establishing the presence of a quorum, even if they have left the House or the Committee or have failed to signify their presence.

THE QUORUM

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9

8. Effects of the lack of a quorum (1)

Senate: Rule 108.4

In the absence of a quorum, the President shall suspend the sitting for at least 20 minutes, to reconvene later in the day or adjourn it altogether. The sitting shall at all events be adjourned, if the quorum is not established four times in succession. When the sitting has adjourned, in the event that noother sessions are set down in the calendar of business for the same day or for the following day, the sitting shall be deemed reconvened with the same agenda and at the same time on the next working day, or on a holiday if the Senate had previously resolved to sit on that day.

THE QUORUM

10

9. Effects of the lack of a quorum (2)

Chamber of Deputies: Rule 47.2

If the House or a Committee does not have the necessary quorum, the President or Chairperson may adjourn the sitting for an hour or declare it closed. In the latter case the House or Committee shall be considered as convened, with the same agenda, on the following working day at the same time as the sitting that was closed, or on a holiday if the House or Committee had already decided to hold a sitting on that date.

THE QUORUM

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Activity 1.4

Training session on constitutionality control

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ACTIVITY 1.4: training session on constitutionality control (14-15 MARCH 2007)

CONSITUTIONALITY CONTROL IN THE LAW-MAKING PROCESS:

THE EXPERIENCE OF THE ITALIAN SENATE

(Paolo Aquilanti)

The broad scope of preliminary scrutiny of a Bill, as provided by parliamentary rules, vests a

crucial role into parliamentary committees in at least three respects: preventive compliance check of

a Bill under scrutiny with the Constitution and with European primary and secondary legislation, in

close connection with the terms of reference of the Constitutional Affairs Committee (1st

Committee) and the European Union Policies Committee; so-called feasibility study of the law and,

if need be, containment of risks deriving from over-regulation and over-production of laws; actions

related to the improvement of the quality of legislation. The Chamber of Deputies has a body

specifically vested with such task, the Committee on Legislation, whilst in the Senate it is the

Constitutional Affairs Committee which scrutinises bills for the purposes of checking the quality

and effectiveness of their provisions and how they affect legislation in force, government agencies

and the public sector (under Circular Letter of the President of the Senate of 1 January 1997 on

preliminary scrutiny in committees).

In the framework of such preliminary scrutiny, committees act as guarantors, guardians and

co-ordinators of the law-making process, when they provide advice on bills.

For the purposes of providing such advice, a committee may be called to sit as an advisory

body, so as to provide the committee scrutinising the bill with advice on supplementary but crucial

aspects of such bill. The opinions issued by some committees, notably the Constitutional Affairs

Committee, the Budget Committee and the European Policies Committee (the so-called filter

committees) enjoy a high degree of effectiveness under the rules and provide momentum to law-

making co-ordination and translate into regulatory opinions for the purposes of the continuation of

the law-making process.

Constitutionality control by the 1st Committee sitting as an advisory body is less a

preventive constitutionality control than an assessment of "constitutional law-making policy", for

constitutionality filters are constantly applied to the law-making process, with varying degrees of

binding authority, from the early inception to the very end of the process.

78

Initial control – albeit a tenuous one in so far as it is confined to gross causes of non-

compliance – may be exerted by the President of the Republic when authorising the Government to

introduce legislation. Another such opportunity is provided to the presiding officers of Parliament

when they receive a bill, at least if such bill is marred by gross violations of the constitution. Such

form of control is almost invariably exercised as discreet moral suasion rather than manifest – and

potentially more critical – rejection or declaration of non-receivability.

When a bill is being scrutinised by the committee responsible by subject matter, the

Constitutional Affairs Committee (the 1st Committee) checks whether its provisions comply with

the constitution. The 1st Committee's purpose, as was said before, is more to ensure that the new

legislation adheres to well-established and shared principles than to conduct a proper constitutional

compliance check. Authority to conduct such checks is actually vested into the Constitutional

Court, which passes rulings on the constitutional compliance of laws. After a bill's constitutional

compliance has been checked by Parliament, the President of the Republic may, before enacting

such measure, conduct a further compliance check, with particular regard to whether budget

allocations exist to support implementation of the bill. Under the Constitution, the President of the

Republic may refuse to enact the bill and send it back to parliament.

When the Constitutional Affairs Committee considers a bill (and any amendments thereto)

for constitutionality control purposes, a number of general criteria are commonly followed, e.g. the

principle of equality (Art. 3), the principle of swift and neutral running of the civil service (Art. 97),

the rule of law in the constitutional arrangement, etc. Particular relevance is attached to the

principle of equality, which constitutional court rulings have translated into a requirement for the

reasonableness of laws, a practice which is always resorted to whenever a law regulates similar

cases in a different way, or vice versa, or whenever there is a need to harmonise diverging interests

which enjoy some degree of constitutional protection. This is obviously a most sensitive area, in

that it directly impinges on political decision-making and the law-maker's discretion, in any case

when the legitimacy requirement must be weighed against the need to equitably and wisely consider

new legislation.

On the particular form of assessment of constitutional legitimacy which finds expression in

the relations between central and local government (Regions and smaller entities), the advisory

function of the Constitutional Affairs Committees of the Senate and the Chamber has increased

greatly during the 14th Parliament (2001-2006); the development of such advisory function pursues

79

the guarantee of coordination and control on the law-making process. Such tool was widely used

during the consideration of the constitutional amendment act on the new division of authority

between State and Regions in 2001, regulated by Title 5 of the Constitution.

It should be remembered that, after the confirmatory referendum of 7 October 2001 and with

a view to the entry into force of Constitutional Amendment (Title 5 Reform) Law no. 3 of 2001, the

Senate Committee on Rules vested the Senate Constitutional Affairs Committees with the authority

to express opinions to the Senate (not merely to other committees) on "bills […] in order to assess

whether they comply with the new Constitutional provisions on the distribution of regulatory

authority between the State and Regions. This is a temporary authority given to the Committee,

while the Committee on Regional Issues is being fully formed.

Within the Senate 1st Committee, the advisory function is performed by an ad hoc

subcommittee which issued, during the past parliamentary term, some one thousand opinions;

likewise in the Chamber of Deputies.

Especially during the beginning of the past parliamentary term, the advisory function was

performed before the Constitutional Court outlined and consolidated its approach to the reform of

Title 5. In later years, a constant analysis of Court rulings has enabled the two committees to

fashion their opinions on the basis of the principles developed by the Court. In this sense, the

advisory function of the two constitutional affairs committees of the Chamber and the Senate

accounted for a huge effort to immediately and concretely implement the new constitutional

provisions, thereby helping law-makers in the drafting of regulatory measures.

Although positive on the whole, opinions issued by the Committee often included comments

or conditions, requesting the deletion of provisions contrary to the division of powers between the

State, regions and local government, as defined by new Title 5, or suggesting amendments so as to

ensure compliance with the Constitution (and thereby providing an opportunity for further

consideration).

On the whole, opinions issued consistently apply a set of criteria, which take into account –

sometimes by quoting them – Constitutional Court rulings. Such criteria include: checking

compliance of new legislation with fundamental principles in matters of concurrent legislation (i.e.

recognising the sole jurisdiction of regions or central government on matters such as protection of

competition, environmental protection, etc.). Other criteria followed in opinions are the protection

of the autonomy of ordinary Regions; the division of regulatory powers; the regulation of

80

administrative functions and forms of coordination between State and Regions; respect for the

budget autonomy of Regions, including forms of State action through the allocation of targeted

funds; respect for the autonomy of local government and the principle of – also horizontal –

subsidiarity; special areas of jurisdiction for special status Regions.

Concerning the subject matters on which opinions were issued, the Committee has

recognised for the national law-maker broader material jurisdiction than is provided under Article

117 of the Constitution, following a tendency which has found application in Court rulings and

which is informed by the principles of incidence, connection and relevance of the subject matter to

material areas of undisputed central government jurisdiction (whether exclusive or concurrent). This

is the approach taken by the Committee when it considered Senate Bill 1928 of 30 March 2004 on

professional associations, which is ab area of concurrent jurisdiction between State and Regions.

In other instances, opinions have been informed by the principle of subsidiarity, thereby

implementing the provisions of ruling no. 303 of 2003, in order to establish a basis for detailed

State action on matters of regional jurisdiction (see opinion of 11 November 2003 on a provision of

the Finance Act (Senate Bill 2512-A) which considers the housing industry as part of "land-use

planning" under Article 117(3) of the Constitution.

Opinions have further elaborated on concurrent jurisdiction: national laws establishing

fundamental principles have been carefully screened: at times, opinions have imposed the re-

wording of provisions in the form of principle-setting measures, other times such principle-setting

nature was inferred through construction. Opinions have confined detailed national regulation only

to a few specific cases (e.g. the exercise of takeover authority), thus following the more cautious

approach of the Constitutional Court, whereby the State usually takes "one step back" in matters of

concurrent jurisdiction.

On the residual jurisdiction of Regions opinions have followed Court rulings, whereby,

when it comes to matters of residual Regional jurisdiction, the State should abstain itself from

developing detailed regulations (opinion of 8 April 2003 on Senate Bill 213 on horse-race betting)

or even fundamental principles or framework laws (opinion of 21 January 2003 on Senate bill 1545-

A, the so-called "La Loggia" Bill).

Committee opinions construed certain matters of exclusive State jurisdiction (protection of

competition, environmental protection, minimum standards of nation-wide services relating to civil

81

and social rights, etc.) as cross jurisdiction, a notion developed by the Constitutional Court. Rather

than the subject matter, it is the goal pursued by the law-maker which matters (see opinion of 6 July

2004 on Senate Bill 2583 regulating socio-educational services for young children).

Opinions have also drawn on the principle of loyal co-operation in the division of

jurisdiction between State and Regions, placing a special emphasis on the instrument of agreements

and covenants.

Opinions have often established conditions to safeguard regional autonomy relating to

charters and organisational practices. In particular, national lwas regulating internal monitoring

bodies and the involvement of Regional councils in procedures enabling Regions to take part in the

formation of EU legislation are deemed to be inconsistent with the organisational autonomy of

regions (opinion of 21 January 2003 on afore-mentioned Senate Bill 1545)-A).

On several occasions, opinions have censured the establishment of regulatory powers for the

State (usually at Ministerial level) on matters of concurrent jurisdiction and the introduction of

detailed provisions in State legislation affecting regional regulatory powers. Especially in the

Senate, the sub-committee on opinions has carefully censured cases where State legislation

permitted recourse to secondary sources of legislation on matters of concurrent or regional residual

jurisdiction, in the belief, also following the "consultative jurisprudence" of the Council of State

(and later of the Constitutional Court), that this does not comply with Article 117(6) of the

Constitution (see also the opinion of 28 January 2003 on Senate Bill 1753 on environmental issues).

Opinions of the Senate and Chamber Constitutional Affairs Committees on the regulation of

administrative functions and forms of co-ordination between State and Regions have followed the

principles enshrined in a ruling of the Constitutional Court, divesting the national law-maker of the

authority to adopt policies and guidelines on subject matters falling within the jurisdiction of

Regions (Constitutional Court ruling no. 303 of 21 January 2003, on Senate Bill 1545-A).

In the field of budget autonomy, recent opinions have drawn on a number of Constitutional

Court rulings relating to supplementary funding under Article 199(5) of the Constitution (rulings

no. 16 and 49 of 2004), although initially (especially in the Chamber) funding by the State had been

permitted, thereby infringing the letter of the Constitution, in default of co-ordination through State

law.

82

In so far as possible, opinions tend to safeguard the autonomy of local government,

especially in the field of tax-raising authority (see opinion of 17 December 2002 on Senate Bill

1826-A).

Opinions relating to foreign relations and the role of Regions in EU matters focus on the

State's use of takeover authority, in order to pre-empt use of such authority for the purposes of

unduly impinging on regional legislative power.

Safeguards for the autonomy of special status Regions and the autonomous provinces of

Trento and Bolzano were secured through the inclusion of ad hoc clauses in opinions.

An important advisory function performed by the Senate Committee on Constitutional

Affairs is the opinion it issues on whether decree-laws comply with Constitutional requirements

(Senate Rule 78(3))

Urgency is a pre-requisite for consideration of a decree-law and the bill transposing it into

law, for Article 77 of the Constitution envisages that the Executive may issue a measure having

temporary force of law (such being a decree-law) only in cases of urgency and necessity (these

being the Constitutional prerequisites). As a general rule, the bill transposing a decree-law into law

is referred to the committee having jurisdiction over the subject matter (the appropriate committee)

and to the Constitutional Affairs Committee on the day it is tabled on the Senate floor. Under Rule

78(3), recognition of the existence of the Constitutional prerequisites precedes and pre-empts

consideration by the appropriate committee. In practice, however, in order to speed up scrutiny of

the transposition bill, the Constitutional Affairs Committee and the appropriate committee usually

consider the decree-law simultaneously. Consideration by the appropriate committee for advisory or

reporting purposes may thus begin – but may not be concluded – before the Constitutional Affairs

Committee has issued its opinion. The same procedure applies when the Constitutional Affairs

Committee is also the appropriate committee.

It must be noted that the opinion of the 1st Committee has often be influenced by

assessments and motivations which go beyond the boundaries of compliance with constitutional

prerequisites under Article 77 of the Constitution and Law no. 400 of 1998. In other words,

constitutional compliance of a decree-law or some of its provisions is sometimes irrelevant in the

debate in the 1st Committee. Other times, such prerequisites are questioned, but merely in order to

83

support or reject the measure on its merits. All of this happens notwithstanding the fact that the

proper forum for discussing constitutional prerequisites should be the 1st Committee sitting for the

purposes of issuing an opinion (which is mandatory in the case of a decree-law) and the proper

forum for a debate on the merits should the appropriate committee sitting as a reporting body.

Should the 1st Committee's opinion fail to recognise that the constitutional prerequisites

exist, such opinion shall be put to the Senate vote within five days. If the ayes have it, the bill

transposing a decree-law and the decree-law itself fall. Alternatively, the Senate may reject parts of

the decree-law, which would then be expunged from the measure. A request for such partial

rejection may be put to the Senate even if the 1st Committee has issued a positive opinion on the

presence of the constitutional prerequisites, on condition that such request is tabled by at least one

tenth of the members of the Senate (Senate Rule 78).

The control and co-ordinating authority of the Constitutional Affairs Committee when

sitting as an advisory body also stems from obligations relating to Italy's participation in the

European Union and the need to bridge the democratic deficit of the Union, where the decision-

making power is still very much in the hands of the Executives. The growing relevance of European

laws has called for changes in the internal structure and procedures of Parliament. To deal with the

impact of EU measures on domestic legislation and the implementation of relating agreements, a

Senate Committee on EU Policies (formerly Senate Committee on the Affairs of European

Communities, see Senate Rule 23) and a Chamber Committee on European Policies (see Chamber

Rule 126) have been established. The two Constitutional Affairs Committees preventively check

compliance of any bill under scrutiny with European legislation.

84

Activity 1.8

Training on effective mechanism on monitoring and control of the

implementation of the acquis communautaire

Activity 2.9

Training on the control over government actions in EU affairs,

elaboration of the opinion of the Parliament on the draft

legislative European acts

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1

SENATO DELLA REPUBBLICAOFFICE FOR THE RELATIONS WITH EUROPEAN UNION INSTITUTIONS

a

INSTITUTIONAL ASPECTS OF ITALY’S MEMBERSHIP OF THE EUROPEAN

UNION

Mr Davide Alberto Capuano

2

a

The ways in which Italy participates in the European regulatory process,

the procedures under which community obligations are enforced and

the role played by the Italian Parliament

are regulated mainly by Act 4 February 2005, no. 11, which repealed Act 9 march 1989, no 86 (the so-called “La Pergola Act”)

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3

Act 4 February 2005, NO. 11

Is a framework act regulating the formation of community law, the transposition of community law and the role of Regions, autonomous Provinces and local government

4

WHENCE THE CHANGE?Adjust the mechanism to transpose community law

Regulate relations among players in the development and implementation processes of community law

Prevent the Community Bill from being used as a fast track to consider non EU-related business, which would slow down transposition

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5

WHENCE THE CHANGE?

Create new instruments to ensure participation of Parliament, Regions, autonomous Provinces and local government in the development of Community law

Scrutinize the reform of the European Union, including the growing empowerment of national parliaments under the new European constitutional architecture

Adjust the mechanisms established under the La Pergola Act to the new provisions introduced by Constitutional Reform Act no. 3 of 2001

6

Act 4 February 2005, No. 11CONSTITUTIONAL REFERENCES

Art. 117(1): “Legislative power shall be vested in the State and the Regions in compliance with the Constitution and with the constraints stemming from EU legislation and international obligations”

Art. 11: “Italy accepts, on conditions of equality with other States, the limitations of sovereignty that may be necessary to a world order ensuring peace and justice among the Nations”

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7

Act 4 February 2005, No. 11CONSTITUTIONAL REFERENCES

Art. 117(2)(a): “The State has exclusive legislative powers in the following subject matters: a) […] relations between the State and the European Union […]”

Art. 117(3): “Concurring legislation applies to the following subject matters: international and EU relations of the Regions […]”

8

Act 4 February 2005 No. 11CONSTITUTIONAL REFERENCES

Art. 117 (5): “Regions and autonomous Provinces take part in the development of EU law in the areas that fall within their responsibilities. They are also responsible for the implementation of international agreements and EU measures, subject to the rules set out in the Act regulating theexercise of subsidiary powers by the State in case of non-performance by the Regions and autonomous Provinces ”

Art. 120(2): “The Government can act for bodies of the Regions, metropolitan Cities, Provinces and Municipalities in case these fail to comply with [...] EU legislation [...] in compliance with the principles of subsidiarity and loyal co-operation”

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9

DEVELOPMENT OFCOMMUNITY LAW

10

INTERMINISTERIAL COMMITTEE ON COMMUNITY

AND EUROPEAN AFFAIRS

Development of Community Law

Defines the Government European policy

(Art. 2, Act 11/2005)

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11

INTERMINISTERIAL COMMITTEE ON COMMUNITY

AND EUROPEAN AFFAIRS


Established as an executive agency coordinating actions of all players involved: Parliament, governmental agencies, local government, economic and social partners, in order to define a

POSITION SHARED BY NATIONAL INSTITUTIONS

12

PARTICIPATION OF PARLIAMENT

Every draft EU measure and the relating preparatory work (including white and green papers and communications) MUST be sent by the Government to Parliament for referral to a Committee When sending draft measures to Parliament, the Government shall indicate the date when such matters are scheduled to be examined or passed by community bodies(Art. 3, Act 11/2005)


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13

EFFECTIVENESS

is ensured by TIMELY and CONSTANT information provided by the Government



14

Information from the Government

For the purposes of informing and submitting documents to Parliament under Act 11/2005, the Prime Minister or the Minister for EU Policies may use electronic media (Art. 19, Act 11/2005)



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15

INFORMATION SUBMITTED BY THE GOVERNMENT

•Information before and after European Councils

•Information before and after Sectoral Councils

•Information every six months on topical items



16

As regards draft EU legislation, the appropriate Committeeissues opinions and provides recommendations to the Government

For this purpose, a Committee may request the Government to draft a report providing information on the status of negotiations, impact of the measure on domestic legislation and any opinions provided by advisors



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17

1. Connection with Coreper;2. Permanent Representative of the Senate to

the European Union;3. Contacts with competent Ministeries and

Authorities



18

Examples in XV Legislature

• Decision of the European Parliament and of the Council concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013)

Resolution adopted in Plenary Session• Proposal for a Directive of the European Parliament and of the Council

amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative Action in Member States concerning the pursuit of television broadcasting activities (Television without frontiers)

Resolution adopted in 14th Committee on EU Policies



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19

• June 2006 European Council decided that the European Commission directly transmits draft proposals directly to national parliaments

• Early warning?

• Principle of subsidiarity



20

Senate Rules of Procedure

Rule 29(2-bis) establishes that the programme and agenda of each Committee are set in such a way so as to ensure the timely scrutiny of the preparatory documents of European legislation sent by the Government or published in the Official Journal of the European Communities



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21

Rule 144 establishes that a Standing Committee shall consider - for the subjects over which it has jurisdiction - EU draft measures, and the information reports issued by the Government on relevant Community processes and compliance of existing national measures with the provisions of the draft measure in questionFor this purpose, the opinions of the Foreign Affairs Committee and of the Committee on European Union Policies are gathered




22

Rule 144(6) establishes that a Committee may adopt resolutions laying down principles and guidelines, which shall apply to Italian policy in respect of the preparatory work for the development ofCommunity measures and instruments, stating its opinion on the general approach adopted by the Government in respect of each European Union policy, sets of regulatory measures currently being issued on a subject, or on an individual regulatory measure of particular relevance to general policy




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23

Under Rule 144(2), after consideration is completed, a document passed by a Committee is• announced to the Senate by the President,• forwarded to the Prime Minister and• notified to the Speaker of the Chamber of Deputies




24

THE COSAC EXPERIENCE: SUBSIDIARITY CHECKS ON “THIRD RAILWAY PACKAGE”

Fully operational Art. 5 EC TreatyArts. 9 and 11 Protocol on subsidiarity and proportionalitySenate Rule 144



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25

Outcome:1) The European Commission’s proposals were not exhaustively explained2) Translations were unavailable in some European languages3) Six weeks are not sufficient to provide an opinion4) Lack of a clear distinction between the principles of subsidiarity and proportionality5) Lack of information on the outcome in other parliaments

THE COSAC EXPERIENCE: SUBSIDIARITY CHECKS ON “THIRD RAILWAY PACKAGE”



26

• Proposal for a Council Regulation amending Regulation (EC) No 2201/2003 as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters

• Committee on EU affairs issued a favorable opinion with observations (4th october 2006);

• Committee on Justice approved a resolution (7th november 2006);

• No breach of subsidiarity and proportionality principle



THE COSAC EXPERIENCE

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27

Parliamentary Reserve

Introduced in Italy by Act 11/2005 (Art. 4)Widely used in some member StatesStrengthens the power of Parliament



28

If Parliament is already considering legislation proposed by the Union or transmitted by the Government, the latter may resume its procedures in the framework of the law-making process only after the parliamentary stage has been completed or after twenty days have passed without any opinion having been issued by the Parliament 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. Such reserve may also be requested by the Government for legislative measures or other actions of particular political, economic or social significance

Parliamentary ReservePARTICIPATION OF PARLIAMENT


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29

Special Reserve on the European Arrest WarrantArt. 3 of Act 69/2005 states that amendments to the list of crimes included in the framework decision for which double indictment is not subject to checks for the purposes of surrendering the suspect, are subject to parliamentary reserveA negative opinion issued by the Chamber of Deputies or the Senate of the Republic is binding and prejudicial to Italy’s acceptance of such proposal

Parliamentary Reserve



30

Art. 117(5) of the Constitution states that Regions may - for the matters over which they have jurisdiction - participate in “decisions leading to the formation of EU regulatory measures”Art. 5 of Act 131/2003 (“La Loggia” Act) further envisages 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


PARTICIPATION OF REGIONS

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31

Art. 5, Act 11/2005 – Analogies with Parliament’s Participation

• Transmission by the Government of EU draftlegislation and reference documents

• Opinions transmitted to the Government• Regional reserve• Information before and after European Councils• Information before and after Sectoral Councils


PARTICIPATION OF REGIONS

32

Art. 6, Act 11/2005: if draft EU legislation and reference documents relate to matters of local jurisdiction,• they should be notified to local authorities by the

Government• local authorities may provide opinions on all relevant bills

and documents relevant


PARTICIPATION OF LOCAL GOVERNMENT

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33

Under Art. 7 of Act 11/2005, if draft EU legislation and reference documents are of special economic and social interest,• they should be submitted to the National Economy and

Labour Council (CNEL) by the Government• CNEL may submit opinions and assessments, as is

deemed fit


PARTECIPATION OF SOCIAL PARTNERS

34

TRANSPOSITION OFCOMMUNITY LAW

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35

In Italy transposition of EU directives has always been very slow

Transposition by ordinary Act of Parliament has never ensured the necessary swiftness

Transposition of Community Law

DELEGATED LEGISLATIONConfirmed as default choice by Act 11/2005

36

EUROPEAN COMMISSION SCOREBOARD (8 MARCH 2007)

1. Lithuania 99.61% (2832-2821)5. Denmark 99.17% (2772-2749)6. United Kingdom 99.13% (2769-2745)21. France 98.45% (2776-2733)23. Luxembourg 97.95% (2779-2722)25. Italy 97.23% (2783-2706)EU Average 98.65% (2802-2765)


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37

Judgment of the Court of Justice in Case C-304/02 -12 July 2005

It is possible to impose both a periodic penalty payment and a lump sum, at the same time, in particular where the breach of obligations has both continued for a long period and is inclined to persist


38

Art. 8(1), Act 11/2005

State, Regions and autonomous Provinces, each on matters under their jurisdiction,

ARE OBLIGED to transpose Community legislation

IN DUE TIME


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39

One of the aims of Act 4 February 2005, no 11, is to ensure that OBLIGATIONS relating to Italy’s membership of the European Union are complied with like those deriving from: a) regulations, directives, decisions and recommendations (ECSC) binding Italy to adopt implementation measures; b) Court of Justice rulings on non-compliance of national laws with the treaties;c) framework decisions and decisions adopted in the third pillar(Art. 1(2), Act 11/2005)


40

Following verification, national implementation of community law is ensured by a Bill (the so-called “Community Bill”) to be introduced by the Government within 31 January each year, for the purpose of fulfilling obligations deriving from Italy’s membership of the European Communities (Artt. 8 and 9, Act 11/2005)


ROLE OF PARLIAMENTVerification of compliance of national legislation with the regulations and recommendations of the European Union

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The “Community Bill” came into being in 1989 under the La Pergola Act and was implemented

under Act 11/2005

1) By Act of Parliament2) By delegation to the Government3) By deregulation4) By administrative enforcement5) By regional law


ROLE OF PARLIAMENT

Ways of transposition

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The Report on the Community Bill includes: (Art. 8(5), Act 11/2005):

a) information on compliance of national legislation with community law, presence of any infringement procedure and rulings of the Court of Justice;

b) a list of directives implemented or to be implemented by Government agencies or through regulations;

c) An explanation of why any directive whose deadline for implementation has expired or is about to expire was not included in the Bill;

d) a list of regulatory measures through which Regions and autonomous Provinces implement directives on matters under their jurisdiction


ROLE OF PARLIAMENT

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Contents of Community Bill (Art. 9, Act 11/2005)

The Community Bill ensures that national legislation is regularly harmonised with community legislation:- by amending national provisions which do not comply with community obligations and measures implementing community regulations which have become the object of infringement procedures;- by passing measures implementing community legislation, also through an act committing the Government to implement such legislation or to delegate implementation to its agencies and regulatory bodies;- through measures including the main principles for implementation by Regions and autonomous Provinces of EU measures on matters under their jurisdiction;- through provisions enabling the national Government to pass legislative measures in default of compliance by Regions


ROLE OF PARLIAMENT

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General layout of Community Bill

First part: overall provisions (roughly the same every year)Second part: special provisions (transposition)Annex A: directives to be transposed without consulting Parliament, except when criminal penalties are involvedAnnex B: directives to be transposed after consulting ParliamentAnnex C: directives to be transposed by Government regulations


ROLE OF PARLIAMENT

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First part of Community Bill

Overall delegation:• Directives in Annexes A and B (18 months)• Opinion of Parliaments within 40 days• Double opinion on criminal penalties and financial aspects• overriding authority


ROLE OF PARLIAMENT

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ROLE OF PARLIAMENT

Principles and guiding criteria for delegated legislation:• implementation through ordinary administrative structures• amendment of regulatory instruments in force• limits to administrative and criminal penalties• expenditure not envisaged by laws in force• amendment to legislative decrees in force• consideration of intervening directives• consistency of decision-making process of government agencies

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Duties relating to services and checks (Art. 9(2) of Act 11/2005): such duties shall be performed by public agencies, for the purposes implementing community decisions pursuant to the community act in the running year. Relevant tarifs are determined on the basis of the actual cost of services delivered, subject to compliance with EU legislation. Such tarifs are pre-determined and publicRevenue from such tarifs is collected by the agency delivering the service and conducting the checks (Community Bill)


ROLE OF PARLIAMENT

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An example of overall and special guiding principles (Art. 25, Act 62/2005)

Regulation of public contracts (Directives 2004/17/EC and 2004/18/EC)

• consolidation act harmonised with other provisions• simplification of non-EU-related procedures• broader power to the Public Works Oversight Board• adaptation to Court of Justice ruling, case C-247/02

Second part of Community Bill


ROLE OF PARLIAMENT

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Example of adaptation to infringement procedure onGovernment contracts (Art. 23, Act 62/2005)



ROLE OF PARLIAMENT

Ban on extension of contracts in default of new bid

Adaptation, with six-month exemption on expiring contracts

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Example of direct transposition: directive 2003/6/EC on insider dealing and market manipulation (Art. 9, Act 62/2005)

Art. 14(1), dir. 2003/6/EC states: “Without prejudice to the right of Member States to impose criminal sanctions, Member States shall ensure, in conformity with their national law, that the appropriate administrative measures can be taken or administrative sanctions be imposed ...”

Transposition: “Notwithstanding any criminal sanctions, the offence is punished with a fine”



ROLE OF PARLIAMENT

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Act 29/2006Annex A: Directive 2004/10/EC on the harmonisation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their applications for tests on chemical substancesAnnex B: Directive 2005/36/EC on the recognition of professionalqualificationsAnnex C: Directive 2003/103/EC amending Directive 2001/25/EC on the minimum level of training of seafarers

Annexes to the Community Bill


ROLE OF PARLIAMENT

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Yearly Report on Italy’s membership of the European Union (Art. 15, Act 11/2005)

In conjunction with the Community Bill, the Government introduces before Parliament a Yearly Report on the development of the European integration process, the participation of Italy in the regulatory process and the implementation of economic and social cohesion policies, the opinions and recommendations of Parliament, the opinions of the Conference of Regional Presidents, and the trends of financial flows to Italy and how they are put to use


ROLE OF PARLIAMENT

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• New articles introduced in Act 4 February, no. 11, by the Community Bill for 2006:

• Art. 15-bis: twice a year, the Government transmitsto the Chambers and the Court of Auditors a list with infringement procedures on Italy and theirpecuniary consequences;

• Art. 15-ter: 4 times a year, the Government transmits a report on financial flux among Italy and the EU, and on the amount of EU budget resourcesspent for each relevant body and geographical area


ROLE OF PARLIAMENT

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Senate Rule 144-bis establishes that the Community Bill and the Government’s Yearly Report be tabled simultaneously before the 14th Committee (EU Policies) for overall consideration pending referral back to the Senate, and any other committee having jurisdiction over the subject matter therein dealt with The two documents are scrutinised jointly, until the Community Bill and the resolutions on the Yearly Report are passed by the Senate


ROLE OF PARLIAMENT


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It is a special procedure, similar to the Budget Session.However, it may not be termed a Community Session, because:• there are no deadline for reporting to the Senate;• pending scrutiny, the Senate and its Committees may consider other business

Unlike its counterpart in the Chamber, the Senate EU Policy Committee may amend the Bill


ROLE OF PARLIAMENTSenate Rules of Procedure

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Within fifteen days of referral, each Committe scrutinizes thosesections of the Bill over which it has jurisdiction, passes a report and appoints a rapporteurDuring the following thirty days, the 14th Committee shall conclude scrutiny of the Bill and compile a report to the Senate, wheretocommittee reports shall be attached



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Art. 144-bis(4) and (5):“4. Notwithstanding the provisions of Rule 97 above, any amendments relating to matters which fall outside the specific scope of the European Union Bill, as defined by current legislation, shall not be received. In such cases, the President of the Senate may declare the text proposed by the committee to be inadmissible.5. Only amendments rejected by the 14th Standing Committee may be tabled before the Senate, even by the proposer alone, save for the right of the President to receive any other amendments related to amendments already introduced by the committee or passed by the Senate.”



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The main principle to follow to assess whether an amendment is receivable is MANDATORY ADAPTATION of Italian law. An amendment to the community bill may therefore be received only if domestic legislation needs revising pursuant to EU provisions



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By virtue of this principle, an amendment may be received if it purports to:• include directives issued after the introduction of the Community Bill in Parliament;• include directives not yet transposed into national law, although they were already included in previous Community Acts;• remedy an infringement procedure;• enforce a European Court of Justice ruling;• amend the Bill introduced by the Government



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ROLE OF PARLIAMENT


A number of amendments may not be received, namely those purporting to:• revise instruments implementing EU legislation• revise instruments designed to anticipate harmonisation of domestic legislation to EU legislation issued at a later stage• revise a subject matter outside EU jurisdiction• introduce an exemption to mandatory adaptation

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Examples of amendments declared unreceivable:• Transposition of the framework decision on the European arrest warrant (2004)• Transposition of Recommendation 2005/251/EC (2005)• Rating agencies (2005)• Directive 1998/44/EC, sub-amendment (2005)


ROLE OF PARLIAMENT


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Urgent Transposition (Art. 10, Act 11/2005)

• Government adopts measures – including urgent ones – to transpose those EU measures entailing duties to be complied with before the Community Bill goes through Parliament• Timely parliamentary scrutiny• Deadline for Regional scrutiny and overriding authority• Enlargement of delegation under the Community Bill


ROLE OF THE GOVERNMENT

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Transposition through regulations and administrative measures ofmatters over which the Central Government has exclusive

jurisdiction (Art. 11 and 12, Act 11/2005)

Matters already regulated by the law, but on which an absolute reserve does not exist



Implementation through Government regulations, if so envisaged by the Community Bill

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ROLE OF THE GOVERNMENTTransposition through regulations and administrative measures of

matters over which the Central Government has exclusive jurisdiction (Art. 11 and 12, Act 11/2005)

Matters not already regulated by law or regulations, and on which an absolute reserve does not exist

Implementation through regulations issued by one or more Departments or through administrative measure

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Art. 11(6) and (7) of Act 11/2005: In any case, in relation to both types of regulations, a Community Bill (or other Bill) shall be passed:• when the directive provides leeway for domestic implementation and identification of guiding principles and criteria• to adopt provisions aiming to prevent criminal or administrative sanctions or to identify executive agencies tasked to implement the new regulations• when the implementation of a directive requires the establishment of new bodies or agencies• when the implementation of a directive entails an increase in expenditure or a reduction of revenue


ROLE OF THE GOVERNMENTTransposition through regulations and administrative measures of

matters over which the Central Government has exclusive jurisdiction (Art. 11 and 12, Act 11/2005)

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By virtue of Art. 117(5) of the Constitution, “regulating measures”under Art. 11 of Act 11/2005 may be adopted on matters under thejurisdiction of Regions and autonomous Provinces in default of any action by these to implement EU legislation (overriding authority)But, Art. 117(6) of the Constitution lays down that regulating authority is vested into the Central Government on matters of exclusive Central Government jurisdiction only (unless this authority is delegated to the Regions). All other regulating authority is vested into the Regions.


ROLE OF THE GOVERNMENTTransposition through regulations of matters over which the

Regions have jurisdiction (Art. 11(8), Act 11/2005)

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TECHNICAL ADAPTATION EU legislation amending technical provisions contained in previously transposed EU measures are transposed:• by ministerial order in matters over which the Central Government has exclusive jurisdiction• by regional measures in matters over which the Regions have jurisdiction, notwithstanding the Government’s overriding authority (Art. 13, Act 11/2005)



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ROLE OF THE GOVERNMENTTRANSPOSITION OF DECISIONS

Art. 14, Act 11/2005: On matters of paramount importance for national interests or entailing burdensome implementation procedures, theCouncil of Ministers, including the Presidents of Regions whenever regional jurisdiction is involved, may: • impugn the measure; or• pass directives delegating implementation to the appropriate agency

Comments and recommendations of Parliament and comments of Regions and autonomous Provinces, subject to transmittal of decisions

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IMPLEMENTATION OF DIRECTIVES BY REGIONS AND AUTONOMOUS PROVINCES

(Art. 16 of Act 11/2005)• Immediate implementation on matters within their jurisdiction• In matters of concurring jurisdiction, the Community Law shows the fundamental principles to be complied with, prevailing on later and existing laws• State’s overriding power•State’s recoupment power


ROLE OF REGIONS

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Originating from Art. 117(5) of the Constitution


ROLE OF REGIONSOVERRIDING AUTHORITY UNDER ACT 11/2005

Exercised by law (Arts 10 and 16, Act 11/2005), regulation (Art. 11, Act 11/2005), or ministerial order (Art. 13, Act 11/2005)

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ROLE OF REGIONS

• on matters over which Regions and autonomous Provinces have jurisdiction, in case these fail to implement EU legislation

• in this case, the overriding power shall apply to local authorities that have failed to pass implementation provisions, starting from the sunrise day provided in the EU law. Such central measure shall lose force when the local measure is finally passed

• the central measure shall cite it is an overriding, temporary instrument

OVERRIDING AUTHORITY UNDER ACT 11/2005

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ROLE OF REGIONSOVERRIDING AUTHORITY UNDER ACT

131/2003

Originating from Art. 120(2) of the Constitution

In case of an authority’s failure to comply with EU legislation in due time, the Government adopts the necessary provisions, after consultation with the authority involved

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Law 10/2004 of Friuli Venezia-GiuliaLaw 6/2004 of Emilia-RomagnaLaw 14/2006 of Marche


ROLE OF REGIONS

REGIONAL COMMUNITY LAWS

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The EU-Business Sessions of Conferences

The State-Region Conference purports to co-ordinate State and regional policies. An EU-business Session is held twice a year (Art. 17, Act 11/2005)

The State-Cities and Local Govenment Conference enhances coordination between the central and local governments. An EU-business Session is held once a year (Art. 18, Act 11/2005)


ROLE OF REGIONS

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State’s recoupment powerThe State has a recoupment power on the Regions which are responsible for the financial charges deriving from:• infringement of the Community law, stated by a Court of Justice’s judgement ex Article 228, par. 2, EC Treaty (par. 1216 of 2007 Financial Act);• violation of the European Convention on Human Rights and its annexed Protocols (par. 1217 of 2007 Financial Act).

The Minister of Finance assesses - with a decree - the amount, which is due as a recoupment. The total amount cannot be higher than financial charges paid by the State


ROLE OF REGIONS

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RULES OF PROCEDURE OF THE ITALIAN SENATE

ROLE OF 14th STANDING COMMITTEE ON EU POLICIES

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The 14th Standing Committee on EU Policies was established in 2003 to replace the former Committee on European Community Affairs (established in 1968), in the framewok of a broader revision of the Senate Rules concerning relations between the Senate and the European Union

The 14th Standing Committee

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Under the new Senate Rule 22, members of the 14th Standing Committee - unlike those of the other 13 Senate committees - are also members of another standing committee. Double membership ensures that members of the 14th Committee combine deep knowledge of European with good knowledge of matters within the terms of reference of the other committee they sit on. In Europe, the Senate 14th Committee is one of few parliamentary bodies enjoying such characteristics, which improves the value of its debates and deliberations


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In general, the 14th Committee has general jurisdiction over the constitutional aspects of the activity of the EU and its bodies and the transposition of Community measures. It also has jurisdiction over compliance with Community law. It is responsible for relations with the European Parliament and the Conference of Community Affairs Committees of EU Parliaments (COSAC), and scrutinizes and reports to the Senate on the Community Bill introduced every year by the Government to fulfil Community obligations (Senate Rule 23(1))


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Legislative and Non-Legislative Business of the EU

The main functions of the 14th Committee in this context include: • debates at the presence of Government ministers on Commission’s draft measures before they are included in the Council agenda; questions relating to EU agreements; activity of the European Union and its bodies. The Committee can thus set guidelines for the Government (Senate Rule 142);• scrutiny of resolutions adopted by the European Parliament, when they relate to EU institutions or policies. In other cases, scrutiny is conducted by the appropriate Committee, after acquiring the opinion of the Committee on EU Policies (Senate Rule 143);• participation of a representative of the 14th Committee in the debates on judgments of the Court of Justice in the Committee which has jurisdiction over the subject matter of the Court decision; such Committee may pass recommendations to the Government or, if a bill on the same subject matter is on its agenda, consider the two measures jointly (Senate Rule 144-ter)


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National legislation• The 14th Committee issues an opinion on every Bill which may raise questions of compliance with Community legislation and on Bills implementing treaties and Community measures. In such cases, therelevant opinion is sent to the standing committee having jurisdiction over the matter at hand;

• The 14th Committee also advises the Government on draft legislation concerning such issues, either directly in the case of EU institutions and general policies, or through the appropriate committee in all other cases;

• In considering the development and implementation of EU measures, the 14th Committee takes into account the relations between Regions and the EU and ascertains the compliance of all of the above with the principle of subsidiarity with respect to relations between the EU and the State and the Regions

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• The 2003 Senate Rules strengthened the Committee’s advisory function on bills and amendments scrutinised and adopted by a standing committee acting with a legislative remit, i.e. under a procedure whereby the final vote of the Senate on the Bill being considered is not required. If such committee does not conform to the opinion issued by the 14th Committee, the legislative remit is withdrawn and the regular procedure - which requires a Senate vote - is applied instead (Rule 40);• In order to harmonise the work of the 14th Committee with that of other standing committees, the Rules of 2003 establish that a member of a standing committee who is also member of the 14th Committee should report on the measure’s compliance with European law, as per the consideration of the 14th Committee (Rule 43)


National legislation

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Domestic Non-Legislative Measures• The Committee may adopt resolutions to guide Government action on matters referred to the Committee. This power has been exerted more than once over the years, especially with reference to Council and Commission legislative and work programmes. The Committee may table its resolutions to the whole Senate, in order for such measure to receive full Senate endorsement and be sent to the Government as Senate recommendation;

• For the purpose of monitoring Government action, the 14th Committee, like all other Committees, may gather information on matters within its terms of reference from both the members of the European Parliament and the members of the European Commission (Art. 144-quater, R.S.);

• The 14th Standing Committee also participates in the Conference of Community Affairs Committees of EU Parliaments (COSAC)

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Activity 5.4

Training on conducting international parliamentary

activities at multilateral level

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ITALIAN SENATE – ROMANIAN SENATE TWINSHIP

TRAINING ON PARLIAMENTARY ACTIVITY IN A

MULTILATERAL DIMENSION

(Bucharest, 6-7 September 2006) Working paper by Giovanni Baiocchi

The international dimension of a country is expressed through a variety of instruments, each concerning a given sector - be it political/diplomatic, economic, cultural etc. – which, when adequately coordinated, concur to determine the “specific weight” of that country in the international arena. Over the past decades, the “typical” instrument provided by the diplomatic-consular structure has been increasingly accompanied by a parallel action at parliamentary level, carried out through the “foreign” activity of national assemblies. This is the result of an increasing democratisation of inter-state relations, which led national assemblies to be increasingly involved in governmental decision-making processes on the international scene at bilateral and - above all - multilateral level. The growth of the parliamentary dimension, or the parliamentary pillar of national foreign policies and international organisations, is the result of an effort to involve the bodies traditionally representing the people in the complex inter-governmental decision-making processes. Parliamentary activity at international level has been increasingly varied and intense: the so-called “parliamentary diplomacy” is by now an important “alter ego” of traditional governmental foreign policies and aspires to play a role – as is the case with constitutional relations at domestic level – in stimulating and guiding the international activity of States. The term “parliamentary diplomacy” generally indicates a concept which has several practical applications; in particular, three types have been identified: bilateral, apical and multilateral parliamentary diplomacy. Bilateral parliamentary diplomacy is the most consolidated form of interparliamentary cooperation and is conducted through meetings, groups and agreements involving two national assemblies. Apical parliamentary diplomacy concerns the highest representatives of national parliaments - the Speakers - who take part in meetings at bilateral or multilateral level or in the regular meetings organised under the auspices of international assemblies. Multilateral parliamentary diplomacy – which is the object of this study – is based on the activity of national delegations established within the assemblies of international organisations; this is the more exhaustive and innovative form of parliamentary diplomacy, in that parliamentarians conduct their activity in the context of an independent assembly whose own rules do not depend on those of national parliaments. Multilateral parliamentary diplomacy finds its fullest expression in the context of the parliamentary activity of international organisations, although it can also take the form of ad hoc or occasional activities, i.e. participation in meetings or conferences attended by parliamentarians from various countries meeting for a contingent, specific purpose. One recent example of the influential role that can be played by parliamentarians in the context of a “contingent” international forum was the European Convention on the future of Europe, convened

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by the Laeken European Council of 14-15 December 2001 in order to formulate proposals for submission to an Inter-Governmental Conference in the context of a draft constitutional treaty. The Convention – composed mainly of members of national parliaments and the EP as well as government officials – represented a “special” form of parliamentary diplomacy: it met from 28 February to 10 July 2003 and - following a typically parliamentary approach to work - focused on the demanding job of drafting of a supranational constitutional text. On the other hand, multilateral parliamentary diplomacy of a permanent nature – the type of diplomacy we are addressing here – is characterised by a constant “proximity” to international governmental organizations. In other words, it is conducted within a parliamentary dimension which is a structural part of multilateral bodies. Starting in the second half of the past century, several international organisations were established both at inter-governmental and supranational level, as “pleno iure” entities rather than international legal entities; they were structured in a way that made it possible to include – in addition to the traditional ministerial component representing the governments of member States, the almost exclusive protagonists on the international scene – a parliamentary dimension, represented by Assemblies composed of members of the parliaments of member States. The purpose of this type of Assembly is to exercise the traditional democratic control and political guidance functions vis-à-vis the governmental component, as is the case in the constitutional systems of national States. The parliamentary component of such international institutions is represented by the delegations appointed by the national parliaments of member States. The performance of their functions and the size of each delegation are subject to international rules under the Charters or the agreements establishing the various international organisations or the rules of procedure of the relevant Assemblies. The first characterizing feature, the “quid proprium”, of parliamentary diplomacy exercised through international parliamentary delegations is the steady, permanent character of their representation. The parliamentarians who are members of international assemblies are elected or appointed by their national parliaments to fulfil an international mandate for a period of time determined under international rules, not for an ad hoc short-term assignment. Another aspect to be noted is that members of international delegations are members of national parliaments who are elected or appointed by their parliaments to fulfil an additional parliamentary mandate at international level. In other words, delegation members exercise their functions within international assemblies “indirectly”, i.e. not under the typical mandate following a direct election. Another “genetic” characteristic of said delegations is that within each Assembly delegation members become “part” of the international parliamentary body and form, together with the other delegations, the “plenum” of that specific Assembly. As it becomes part of an international assembly, each national delegation – although it does not lose its original character – tends to lose some of its distinctive traits in the context of a body where representation and participation criteria differ from those in force at national level. Because of this “twofold” character, the organ-delegation – being at the same time an organ of a national parliament and part of an international assembly – has a hybrid legal basis which rests on both national and international legal systems, which in turn are made of formal rules but also commonly accepted practices. With regard to international sources, the Charters and the Rules of procedure of international assemblies contain all the rules governing the activity of accredited national delegations. From the point of view of individual national parliaments, delegations to international assemblies are national entities with an international mission. Therefore, delegations originate from national parliaments but play their main role in the international context embodied by the relevant Assemblies.

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The mentioned “twofold” office of these delegations is apparent here. Although they are part of a national parliamentary body, their true essence and their primary “raison d’être” are found in the context of their relevant international parliamentary assembly. It is in that context that each delegation fulfils its specific mandate and it is for that specific international mandate that each delegation was established within its national parliament. If the role of delegations were perceived merely and exclusively in terms of national representation, it would be a quite limited one. On the contrary, their “twofold” nature is apparent when one considers their double role: first, their original role as collegiate bodies in the context of a national parliament, and secondly, their highly qualified role in the context of an international parliamentary forum governed by its own independent rules and procedures. In the Italian Parliament, multilateral parliamentary diplomacy finds its concrete expression in our system of parliamentary delegations to international organisations, namely the Assembly of the Council of Europe, and the WEU, NATO, OSCE, CEI, Euro-Mediterranean and IPU Assemblies. The Assembly of the Council of Europe was established by a founding treaty signed on 5 May 1949. This is the oldest organism promoting European cooperation with respect to human rights protection and the strengthening of representative democracy; it is composed of 301 members - and the same number of alternate members - from the parliaments of the 46 member States. It includes 10 general committees and holds 4 annual plenary sessions. The Italian Delegation to the CoE Assembly based in Strasbourg is composed of 9 Senators and 9 Deputies, with the respective alternate members. The WEU Assembly is part of the relevant intergovernmental institution created in 1954; at present, it provides a parliamentary “forum” to debate matters connected to the European Security and Defence Policy (ESDP). It includes 6 specific committees and holds two annual plenary sessions. The membership of the Italian Delegation is the same as that of the delegation to the Assembly of the Council of Europe. The NATO Parliamentary Assembly, albeit not a formal organ of the North-Atlantic Alliance as it was not envisaged in the founding treaty, has been the forum for addressing the main issues pertaining to transatlantic military cooperation since 1955. It includes 5 general committees and holds two annual plenary sessions; the Italian Delegation is composed of 9 Senators and 9 Deputies. The Parliamentary Assembly of OSCE (Organisation for Security and Cooperation in Europe) was established in 1992 following the announcement contained in the “Paris Charter for a new Europe”, signed on 21 December 1990 by the Heads of State and Government of the member countries of the CSCE, the East-West dialogue process started with the “Helsinki Act” of 1st August 1975. In particular, this Assembly specialises in monitoring elections in the so-called “new democracies”; it includes 3 general committees and holds two annual sessions: during the 14th Parliament, the Italian Delegation to the OSCE Assembly was composed of 13 parliamentarians – 7 Senators and 6 Deputies. The CEI (Central European Initiative) Parliamentary Assembly, so called since 1999, is part of the economic cooperation process focusing on the Danube-Balkan area started primarily by Italy in November 1989, right after the fall of the Berlin wall. Albeit not highly institutionalised, the parliamentary dimension of CEI holds two annual sessions. The Italian Delegation includes 7 members - 3 Senators and 4 Deputies. The Euro-Mediterranean Parliamentary Assembly, established in March 2004 as an advisory body in the context of the Barcelona Process – the cooperation process between the two sides of the Mediterranean established in 1995 – is not the parliamentary dimension of a ministerial international body, as no such body exists in that geographical area. The Euro-Mediterranean Assembly is composed of 240 members: 120 are appointed by Mediterranean “partner” countries, 45 by the European Parliament and 75 by the national parliaments of member States. It includes three general committees with 80 members each. The

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Italian Delegation includes three parliamentarians, like the other permanent delegations of the parliaments of member countries. The assembly which in recent times has tried to be recognised as the parliamentary side of the largest worldwide organisation - the UN - is the Inter-Parliamentary Union. The IPU is indeed the privileged forum of parliamentary dialogue and cooperation at international level, if only because it is the oldest multilateral “community” of parliaments, established in 1889. Once a simple association of parliamentary representatives, the IPU has become over the past few decades a sort of worldwide association of parliaments. It has thus strengthened its reputation as a formidable instrument of parliamentary diplomacy, thanks also to the action of “national groups” - the equivalent of the above-mentioned national parliamentary delegations – which are the expression of national parliaments. Within each national group – at present there are 140 such groups representing national parliaments – a network of close bilateral relations is established; this in turn gives rise to a considerable amount of contacts amongst all parliaments in the world. From this point of view, the original and unique character of the Inter-Parliamentary Union lies in the fact that it acts as a multilateral parliamentary institution but is also capable of developing a considerable internal network of bilateral relations, thus contributing to the development of an impressive “planetary parliamentary network”. The proliferation of parliamentary bodies in the context of international cooperation over the past twenty years is connected to an increasing general awareness of the need to fill a democratic gap in international relations, with special regard to international (and supranational) organisations, where the need to achieve a further democratisation of the decision-making process was acutely felt. This phenomenon, however, triggered a risky mechanism of duplication and overlapping of functions and competence areas amongst the various international organisations and assemblies, often to the detriment of effectiveness and functionality. In this respect, it would be advisable to rationalise their roles and highlight the special capabilities of each organisation within the scope assigned to them by the relevant treaties. From a national perspective, the overall international policy of each Parliament – which should include the instrument of parliamentary diplomacy – must be accompanied by a strategic vision that properly takes into account instruments and objectives. If it is assumed that multilateral parliamentary diplomacy represents a technical instrument, a method to pursue certain political goals, it is essential that the instrument adopted be adequate to the goals to be achieved. This is an important prerequisite. The tool of multilateral parliamentary diplomacy should be adequate in terms of people – the staff and political personnel to which these tasks are assigned – and resources, both financial and material, in view of the objectives to be achieved. Having good instruments and unclear parliamentary foreign policy objectives – or no such objectives at all – is tantamount to having a multilateral parliamentary foreign policy that is an end in itself. The same applies for policies based on interests different from the “permanent” interests of a given country or based on the personal ambitions of the members of the various assemblies, or in the frequent cases when unrealistic, excessively broad policies are adopted that go beyond the proper parliamentary scope. In all these cases it is important to establish a balanced relationship between the means – multilateral parliamentary diplomacy – and the objectives - the political goals pertaining to parliamentary foreign policy. Furthermore, it is necessary to always keep in mind the other parliamentary tools – apical and bilateral diplomacy – which can be used at a given time to pursue a limited but realistic range of objectives. It is also essential that precise strategic policies be defined and consistently pursued over the years through the appropriate measures: this is the real litmus test of effective parliamentary diplomacy.

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Moreover, a parliament’s international role must necessarily be in line with the main orientations of its country’s foreign policy. In the context of a special parliamentary visit in a given country, for example, or in the case of a given parliamentary initiative within an international organisation, the basic line of action adopted by the State with respect to its international role should not be denied or disregarded. Failure to do so would create a dangerous discrepancy. Furthermore, experience shows that the countries that are most likely to achieve good political results in the international parliamentary arena are precisely those which are capable of “playing as a team”, of bringing about good synergy between their parliamentary and governmental sides in view of their common interest. Stating that there must be coordination between Parliament and Government does not mean that parliamentary diplomacy in general and multilateral diplomacy in particular do not have their own independence. Quite the opposite is true. Facts show that every form of international parliamentary relations, every type of bilateral and multilateral exchanges and contacts, always implies a precious flow of information for the ordinary business of each Parliament. Parliamentarians travelling with national delegations to visit a country in Asia or Africa or monitoring elections with an international assembly’s team acquire extraordinary knowledge which in turn benefits their work within national parliaments. In particular, opposition parliamentarians who regularly take part in parliamentary diplomacy initiatives are immensely better “equipped” and more “independent”, from the cultural point of view, than any of their colleagues who have not had similar experiences, when it comes to sustaining political arguments and questioning government officials reporting to a Committee or to the House on a given case or international question. Under some circumstances, parliamentary diplomacy initiatives can play an effective, autonomous role and be quite innovative and pioneering thanks to the very characteristics of parliamentary working methods, which can be more flexible than governmental procedures. This is the case when one or more parliamentarians undertake mediation activities or “parallel” negotiations - under the auspices of international organisations - in areas affected by ethnic conflicts, such as Nagorno-Karabak, Bosnia, Transnistria, etc., and areas where inflexible governmental positions may have lead to political stagnation or even paralysis. In such cases, parliamentary diplomacy – be it apical, bilateral, or multilateral diplomacy – can play an important role in that it can pave the way to subsequent governmental action and test the ground in situations of conflict by assessing the interests at play and the possible ways to bridge gaps between opposed parties that are not yet ready to interact at governmental level. Examples of this are the parliamentary consultation activity conducted in the context of the IPU by members of the parliaments concerned before and after the Falklands-Malvinas war, or the steady contacts between Israeli and Palestinian parliamentarians during the innumerable critical phases of Israeli-Palestinian relations. The analysis conducted so far clearly shows that the autonomy of parliamentary diplomacy finds its fullest expression in multilateral contexts through national parliamentary delegations. Because of the aforementioned dual character of such delegations, members carry out an activity which is rooted in their national activity but is also autonomous in that it becomes part of a different institutional framework, i.e. an international assembly. In other words, parliamentarians do not confine themselves to conducting traditional parliamentary diplomacy initiatives: they also make a contribution to the life of an international organisation which has its own procedures, methods and political functions that are separate from those of the member countries’ national parliaments. Actually, delegations cannot and should not be considered as the representative bodies of their respective parliaments just because they are part of them. Parliamentary diplomacy conducted by delegations does not translate into an international activity proper of the national parliament concerned, as there is no typical institutional representation relationship between delegations and their parliaments: the former do not act in the name and on behalf of the latter, and each individual member of such bodies represents - within the relevant

133

international assembly - his/her own political views, not the official views of his/her national parliament. However, even in the context of international fora – where the concept of national parliamentary diplomacy initiative gives way to a “collective” and independent activity of a given international assembly – it is essential to make sure that national politics and interests are not totally left aside, as the role played in such contexts is the expression of the international dimension of a country, of its capability to reach its objectives in terms of parliamentary foreign policy.

134

Activity 5.5

Study visit on european and multilateral international

relations issues

135

1

SENATO DELLA REPUBBLICAINTERNATIONAL AFFAIRS SERVICE

a

Senate Staff Establishment

Mrs. Maria Valeria Agostini

2


Secretary-General

Deputy Secretary-Generalfor Area One

Deputy Secretary-Generalfor Area Two

Deputy Secretary-Generalfor Area Three

Officers reporting diectly to theSecretary-General

136

3

Officers Reporting directly to the Secretary-General

General AffairsLegal AffairsPress Relations and Press ReportsIT Organisation and Policy DevelopmentAssessment of Human Resources PoliciesSecretariat to the College of QuaestorsAccidents Prevention and Safety at Work


4

Area One:Parliamentary Business and

Documentation

Senate SittingsBudgetBill Drafting StandardsResearchStanding and Ad-Hoc CommitteesSenate and Joint Investigation CommitteesParliamentary Privilege and Immunity and Disputes


137

5

Entitlements of MembersFinancePersonnelInformation TechnologyProcurementManagement of Real Estate PropertiesHealth Services

Area Two:

Administrative Services and

Information Technology


6

Reports and Official InformationLibrarySecurity and ProtocolInternational Affairs

Area Three:International Relations and

Official Information


138

7

OfficeNumber of empl.ees

Total number

Secretary-General and Deputies 3General Affairs 4Legal Affairs 5Safety at Work 3Press and the Internet 30Human Resources Policies 2IT Policy Development 2Secretariat to the College of Quaestors 5 54Sittings 29Budget 13Drafting 19Research 34Standing and Ad-Hoc Committees 111Senate and Joint Investigation Committees 22Parliamentary Privilege, Immunity and Disputes 12 240Entitlements of Senators 20Finance 25Personnel 59Information Technology 66Procurement 47Real Estate Management 85Health Services 9 311Reports and Official Information 144Library 58Security and Protocol 261International Affairs 26 489

Staff on Temporary Outplacement 4Unassigned Staff 1

TOTAL NUMBER OF EMPLOYEES 1099

Sec

reta

riat-G

ener

alA

rea

One

Are

a Tw

oA

rea

Thre

e


8


Senate and Joint Investingation Committees

2%

Standing and ad-hoc Committees

10%

Research3%

Budget1%

Drafting2%

Sittings3%

Parliamentary PrivilegeImmunity and Dispute

1%

Entitlements of Senators

2%

Finance2%

Personnel5%

General Secretariat5%International Affairs

2%

Information Technology

6%

Procurement4%

Real Estate Management

8%

Health Service1%

Reports and Official Information

13%

Library5%

Security and Protocol24%

139

9

Emergence and Development of the International Affairs Service

Establishment of the Committee on the Affairs of the EuropeanCommunities

• It had a limited, merely advisory responsibility• It had a lean and loose structure• It pre-dated the establishment of a corresponding committee in the

Chamber of Deputies

1968

1972Establishment of the Office for Relations with European

Parliamentary Bodies

• It provided the secretariat to the Italian parliamentary representatives to the European Communities and the delegations to the Council ofEurope and WEU delegations.

• It provided the secretariat to Committee on the Affairs of the European Communities

• It gathered and referenced European legislation and documents and conducted studies thereon

10

Establishment of the Service for Relations with Community and International Bodies, consisting of two offices:

• Office for Relations with Community Bodies (European committeeSecretariat and relations with the Communities)

• Office for Relations with International Bodies (Delegations to the Councilof Europe, the WEU and NATO)

1985

2001 The Service took its present form, but it still included the secretariat to the Committee on the Affairs of European Communities

The Committee on the Affairs of the European Communities became the Standing Committee on Euroean Union Policies

• It was detached from the International Affairs Service to become part of the Standing Committees Service

• It gained wider powers, especially in relation to the transposition ofEuropean legislation

• Its peculiar composition is proving successful especially in relation to the development of European legislation

2003

Emergence and Development of the International Affairs Service

140

11

International Affairs Service Establishment

Office for Relations with the EU Institutions

Office for Relations with International Bodies

Office for Interparliamentary Relations

Head of the Service

Secretariat

Interpretation Unit

12

Office forRelations with the EU Institutions

Staffing:3 Senior Officers:

Head of the OfficePermanent Representative to the European ParliamentSenior Officer

3 Documentation Officers3 Clerical Staff

Duties:• Relations with the EU; management of data base on draft EU legislation; IPEX website contents management

• Acquisition and classification of EU measures and prompt transmittal toappropriate Senate committee

• Studies and research on EU matters on behalf of the EU Policies Committee and other standing Committees

• Relations with interparliamentary co-operation bodies (COSAC, Conference of Presidents, Euromediterranean Assembly) and participation of Senators to suchbodies

141

13

The Permanent Representative in BrusselsMain duties:• Monitoring the decision-making process as it unfolds at the EU

• Preparation of visits of Italian parliamentary delegations to EU institutions

• Procedural and documentary support to EP committee sittings attended by members of nationalparliaments

• Participation in regular meetings with other permanent representatives, also in the framework of COSAC.

Denmark (*)

Finland (*)

France

United Kingdom

The Netherlands

Ireland

Sweden

Austria

Greece

Latvia

Lithuania

Poland

Slovenia

Hungary

Czech Republic

Estonia

Slovakia

Germany (**)

Luxembourg (**)

Belgium (**)

Italy (**)

Cyprus (**)

(*)Since 1995 (**) Newly established

Parliaments with Representatives in Brussels (22 countries out of 27)

14

Staffing:1 Senior Officer

Head of the Office1 Documentation Officer3 Clerical Staff

Duties:• Secretariat to Italian delegations to NATO and WEU assemblies, in co-ordinationwith the Chamber of Deputies

• Relations with such international assemblies• Preparation of background material relating to forthcoming sessions and meetings of international parliamentary bodies• Support to Senators participating in meetings abroad• Organisation of meetings, seminars and conferences in the Senate or elsewhere in Italy (e.g. NATO Assembly session in Venice)

Office forRelations with International Bodies

142

15

Staffing:1 Senior Officer

Head of the Office1 Documentation Officer2 Clerical Staff

Duties:• Assistance to Senators taking part in the Interparliamentary Union

• Support to foreign parliamentary delegations visiting the Senate

• Secretariat to Italian delegations to Council of Europe, OSCE and CEI assemblies, in co-operation with the Chamber of Deputies

• Organisation of meetings and seminars in Rome and elsewhere in Italy

Office forInterparliamentary Relations

16

International Conferences and Seminars

Staffing:Head of Service1 Documentation OfficerService secretariat (2 clerical)

Duties:Determination of committee having jurisdiction over the subject matter

• Senate President’s correspondence with organisers and attending Senators

• Preparation of relevant background information

• Organisation of visit

• Assistance during the Conference

Other activities of the International Affairs Service

143

17

Interpreters and Translators Unit

Staffing:6 Interpreters

3 English main language1 French main language1 German main language1 Spanish main language

1 Clerical Staff

Duties:• Interpretation at international meetings of the President, Vice Presidents and other Senate leaders

• Simultaneous and consecutive interpretation at hearings and meetings of standing committeesand their bureaus

• Assistance to Senators and Deputies participating in international assemblies abroad as members of the Italian delegation, and to Senators attending interparliamentary conferences

• Technical and organisational support for the provision of interpretation services to events organised in Italy

• Translation into and from Italian as per request of Senators, committees and other SenateServices

Other activities of the International Affairs Service

18

Relations between the International Affairs Service and other Senate services

namely:

Research Service Preparation of background material for Foreign Affairs, Defence, and EUPolicies Committees, also in cooperation with specialised research institutes

Protocol Office Organisation of events in Italy (recently, the celebrations of the 50th anniversary of the Treaty of Rome)

Office for Official Information Publication of volumes in the International Affairs Series and other material of European and international relevance

IT Service Publication of English-language web pages and IPEX contents management

Committees Service Determination of appropriate committee for the participation of Senatorsin international conferences and seminars

all other Services Particpation in training activities in the framework of twinning agreementsand other forms of interparliamentary co-operation

Translation and interpretation services

All in all, the International Affairs Service is like a bridge between

the Senate and the rest of the world

144

Phare Twinning Programme

Presentazione del sito web IPEX e compiti deicorrispondenti IPEX dei parlamenti nazionali

Origini e obiettivi del progetto IPEX

• Ipex (scambio interparlamentare delle informazioni sull’Ue) nasce da una raccomandazione della Conferenza dei Presidenti dei Parlamenti dell’UE svoltasi a Roma nel 2000

• Obiettivi: promuovere la cooperazione interparlamentare mediante la creazione di una piattaforma per lo scambio elettronico di informazioni sull’UE

Le Guidelines sulla cooperazione interparlamentare, approvate dalla Conferenza dei Presidenti a l’Aja il 3 luglio 2004, definiscono ulteriormente gli obiettivi:

- favorire lo scambio di informazioni tra i parlamenti nazionali sulle materie UE, in particolare sull’attività di controllo parlamentare (scrutiny), incluso il controllo sulla sussidiarietà

- ospitare un calendario delle riunioni interparlamentari- creare un forum per lo scambio di informazioni tra i parlamenti nazionali

145

Realizzazione del sito web dell’IPEX

• 2001: istituzione di gruppo di lavoro tecnico (Coordinato dal Parlamento svedese) per predisporre un portale comune a tutti i parlamenti (fase I)

• 2004: lancio di un primo sito provvisorio, ospitato dal CERDP, e istituzione dello Steering Groupper un ulteriore sviluppo del portale (fase II).

Attori coinvolti: – Steering Group: Svezia, Danimarca, Polonia, Italia, Francia, Regno Unito, Cerdp (poi Cosac)

Compiti: Sviluppare i requisiti tecnici del sistema (System requirements)

– Gruppo tecnico: Danimarca, Italia, Svezia, CerdpCompiti: sviluppare gli aspetti tecnici riguardanti la struttura, la grafica, la classificazione dei documenti e la modalità di ricerca

– Servizio informatica del Parlamento europeo Compiti: sviluppare il sito

• 30 giugno 2006: I Presidenti dei parlamenti dell’UE lanciano il nuovo sito IPEX

Struttura dell’IPEX

GUIDELINES SULL’IPEX, 9-10 FEBBRAIO 2006

Presidenti dei parlamenti UE(obiettivi)

Segretari generali(supervisione, nomina Board)

Board (gestione del sistema

supervisione del Central Support)

Corrispondenti IPEX (gestione pagine nazionalipunti di contatto con Ipex)

Central Support(gestione quotidiana del sito, aspetti tecnici ed editoriali,

assistenza ai corrispondenti nazionali)

146

Composizione di Board e Central Support

Board (8 membri)• Troika Conferenza dei Presidenti (tre)• Parlamenti nazionali (fino a 4)• Parlamento europeo (uno)

Situazione attuale• Danimarca (presidente)• Finlandia • Francia• Ungheria • Italia• Slovacchia• Regno Unito• Parlamento europeo

• Membri associati: Cosac e Cerdp

Central Support (5 membri)• Parlamenti nazionali presenti nel Board (4)• Parlamento Europeo (1)

Situazione attuale• Danimarca• Italia• Slovacchia• Regno Unito• Parlamento europeo

Flusso dei documenti verso il sito

CommissioneEuropea

ParlamentoEuropeo

Greffe 2000

U-Greffe

Altre fonti (ex: Consiglio, OPOCE,...)

IPEX

IPEX webmaster

Modulo immissione dati

Servizio di ricezione

Coda iningresso

Parlamento nazionale Corrispondente IPEX

1

2

3

147

Modalità di trasmissione dei documenti

• Documenti trasmessi in doc e pdf• Documenti accompagnati da Metadati (xml)

n.a.Materia (opz)

n.a.Descr. EUROVOC (opz)

Traité/CE/art 47 par 2, art 55, 95 Base giuridica

06 20 20 80Class. CELEX

18-10-2006Data adozione

18-10-2006Data trasmissione

COD (2006) 196Num. Procedura

COM (2006) 594Num. Documento

Commission of the European …Autore

Proposal for a Directive …Titolo

Documenti IPEX

• Documenti della Commissione dal 1° gennaio 2006- Proposte legislative commissione- Libri bianchi e verdi - Comunicazioni - Programma legislativo annuale- Strategia politica annuale (COM)- Valutazioni di impatto e allegati tecnici (SEC)

es. COM (2006) 594

148

Dossier IPEX

• Insieme dei documenti provenienti dalle istituzioni UE e delle informazioni fornite dai parlamenti nazionali su una medesima procedura legislativa/non legislativa

(codecisione, consultazione, cooperazione...)Cod/ cns/syn.. (aaaa) numes. COD(2006) 196

Presenza di questioni riguardanti il principio di sussidiarità

Informazioni complementari circa lo stato dell’esame

*

L’esame è completo

Questo documento/procedura è di interesse speciale per il Parlamento

Questo documento/procedura verrà esaminata o l’esame è in corso

Nessuna informazione fornita

Caratteristiche del sito IPEX

• Semplicità di utilizzoL’accesso e l’aggiornamento del sito non richiedono specifiche competenze tecniche. Il sito web è semplice ed intuitivo

• Qualità delle informazioniE’ essenziale che le informazioni contenute nel sito siano assolutamente corrette e che riflettano fedelmente le posizioni dei Parlamenti partecipanti

• Integrità delle informazioniLe informazioni possono essere modificate esclusivamente da personale autorizzato. Le informazioni relative ai parlamenti nazionali devono essere immesse da personale incaricato all’interno di ciascun parlamento

• LinguaIl sito web è disponibile nelle lingue inglese e francese. I parlamenti nazionali possono liberamente inserire testi esplicativi in entrambe le lingue o una soltanto. Di norma i documenti provenienti dai parlamenti nazionali sono in lingua originale sebbene i parlamenti nazionali siano invitati a fornirne versioni tradotte

• A chi si rivolgePoiché il sito è uno strumento per la cooperazione interparlamentare gli utenti principali sono i parlamenti nazionali. Diverse sezioni del sito sono aperte al pubblico accesso

149

Demo del sito IPEX

Compiti del corrispondente IPEX

• Assicurare l’aggiornamento dei dossier IPEX relativamente all’attività di scrutiny riguardante il proprio parlamento/camera (caricamento di documenti)

• Assicurare l’aggiornamento dei link relativi alle pagine web del proprio parlamento/camera

• Organizzare gli utenti (con funzioni di editing) nel proprio parlamento/camera

• Assicurare la correttezza delle informazioni inserite

• Scambio di buone pratiche (riunione annuale dei Corrispondenti IPEX)

• Partecipare al Bulletin Board del sito IPEX

• Partecipare alle sessioni di formazione (training session) e formare lo staff di supporto nel proprio parlamento/camera

• Promuovere l’IPEX all’interno del proprio parlamento/camera

• Informare il parlamento che ospiterà la Conferenza dei Presidenti sulle riunioni interparlamentari

150

Sviluppi futuri

• Caricamento automatico dei documenti

• Sottoscrizione

• Ricerca avanzata

• Acquisizione dei documenti dal Consiglio

• Acquisizione delle proposte legislative dai parlamenti nazionali

• Creare un portale comune dei siti che trattano di cooperazione interparlamentare, come richiesto dalla Conferenza dei Presidenti di Bratislava (24-27 maggio 2007)

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