Italian Senate

Senate of Italy

The Senate is one of the two chambers of the Italian Parliament. Italy has a bicameral system, where the two houses (Senate of the Republic and Chamber of deputies) enjoy the same powers.
The Senate participates in both the EU decision-making process and in procedures relating to the implementation of EU obligations, mainly through its European Union Policies Committee (14th Standing Committee). It has overall responsibility on domestic legislation resulting from actions and measures of the European Union and the EU institutions, and the implementation of EU agreements.

1) Participation in the EU decision-making process
Legislative proposals of the European Union are referred to the EU Policies Committee for the purposes of subsidiarity assessment, with an indication of the eight-week deadline under Protocol no. 2 to the Treaties, and to the committee having jurisdiction over the subject matter, which shall also consider an opinion issued by the EU Policies Committee and any other committees concerned (Senate Rule 144(1), (1-bis) and (6)).
Non-legislative measures and documents of the European Union are referred to the committee having jurisdiction over the subject matter, which shall also consider an opinion issued by the EU Policies Committee and by any other committee that may be concerned (Senate Rule 144(5)).
The Committee having a jurisdiction over the subject matter may also adopt policy recommendations to the Government on an EU issue under consideration. As a rule, such policy recommendation shall be included in a resolution.
The EU Policies Committee has exclusive jurisdiction on subsidiarity and proportionality assessment  (Senate Rule 144(1-bis) second period), also following a request of a committee having jurisdiction over the subject matter (Senate Rule 144(5-bis)). It may also place a parliamentary scrutiny reserve on the proposal under consideration (Senate Rule 144(1-ter)).

2) The Senate and the Italian Government
Law 234/2012 stipulates that "Parliament takes part in the decision-making process of the European Union"(art. 3.1).
To enable Parliament to perform this role, the Government is required to:
1)    share documents and information (art. 3.3);
2)    state their intentions before and after the meetings of the European Council and the Council of the European Union (art. 4.1);
3)    forward to Parliament the written reports received from the Italian Permanent Representation to the European Union (art. 4.3);
4)    engage in briefings and consultation on matters relating to the coordination of economic and fiscal policies, financial stabilization mechanisms and agreements on banking (art. 4.4 and 5);
5)    forward preparatory documents of European Union legislation, both legislative and non-legislative, if necessary with a briefing note attached to them (art. 6);
6)    submit reports on, inter alia, Government priorities for the following year, Italy's participation in the EU (art. 13) and financial flows with the EU (art. 16);
7)    provide information on judicial proceedings, pre-litigation procedures (art. 14) and infringement procedures concerning Italy (art. 15).
Parliament may adopt a resolution addressed to the Government. In that case, the Government is bound to conduct negotiations following the instructions received (art. 7). Resolutions are also notified to the EU institutions, within the framework of the political dialogue (art. 9). The subsidiarity check is envisaged under art. 8 and is part of the overall scrutiny of a legislative proposal.
An emergency brake system is foreseen, according to which a decision of both Chambers can result in the Government opposing the adoption of a European provisions or requesting action on the part of the European Council (art. 12).
Art 10 of Law 234/2012 also foresees a "parliamentary scrutiny reserve", which mandates the Government to refrain from the adoption of a measure at the European level, for a maximum period of 30 days, so that Parliament can consider it and adopt a position. Such reserve may be triggered by a request of either Chamber or the Government.

3) Implementation of EU obligations
In Italy the implementation of EU obligations unfolds through two instruments: the European Delegation Bill and the European Bill (Articles 29 and following of Law 234/2012).
The Italian Government introduces an annual European Delegation bill, whereby Parliament enables the Government to enforce directives. If necessary, a further European Delegation Bill may be introduced by 31 July each year. In conjunction with such measure, the Government also introduces a Yearly Report on the development of the European integration process, Italy's participation in the European law-making process and the implementation of economic and social cohesion policies.
Together with the European Delegation Bill, or even independently of it, the Government may introduce a European Bill, including all amendments to current national legislation required in consideration of pending infringement proceedings or rulings of the Court of Justice, and measures for the implementation of other EU acts and international treaties negotiated and signed by the EU.
Under Senate Rule 144-bis, the Delegation Bill and the Government's Yearly Report should be introduced simultaneously before the EU Policies Committee and any other committee having jurisdiction thereon. The two documents are considered together, until the Delegation Bill and the resolutions on the Yearly Report are adopted by the Senate.
Another important tool for parliamentary scrutiny of Government implementation of EU law is Senate Rule 144-ter, establishing that the main rulings of the Court of Justice of the European Union should be sent to the EU Policies Committee and to any other appropriate committee. After considering the contents and the consequences of the ruling in consultation with a representative of the Government and a rapporteur appointed by the EU Policies Committee, such committee may adopt a resolution requesting the national authorities to take appropriate measures.
It should also be mentioned here that, under Senate Rule 144-quarter, each Committee may — on matters under its jurisdiction — gather information from members of the European Parliament and the European Commission.

4) Administrative support for parliamentary activity on EU-related topics
Parliamentary work relating to the European Union relies on the in-house Research Service, which provides independent and objective analysis of policy issues.
Publications include, inter alia, studies and briefings which support Standing Committees in the scrutiny process; dossiers in advance of interparliamentary meetings; analysis on most relevant EU topics. Dossiers are sometimes drafted jointly with the Italian Chamber of deputies Research Service.
All studies are published in the website of the Italian Senate; a selection is also available on the EP Urbis website.
A Bulletin comprehensive of all EU-related Senate activities is also published every two months and distributed via e-mail to Senators and other interested parties. 

(Information updated on 07.03.2019)

IPEX Leaflet - Italian 8 MB / 28/09/2017

Italian Senate - Rules of procedure 335 KB / 07/03/2019