Public and Private Law Quiz

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Questions and Answers

What distinguishes public law from private law?

Public law governs the relationships between individuals only.

Private law pertains to government regulations.

Public law involves legal rules that affect society as a whole. (correct)

Public law is only relevant in criminal matters.

Which of the following is NOT a characteristic of civil law systems?

Comprehensive legal codes.

Emphasis on judicial precedents. (correct)

Inquisitorial judicial process.

Reliance on codified statutes.

What is meant by the 'Criterion of Specialization' in legal terms?

It means all laws must adhere to international treaties.

It indicates that common law takes precedence over civil law.

It refers to the priority of newer laws over older laws.

It involves specific laws taking precedence over general laws. (correct)

Which condition is NOT necessary for a regulatory act to be considered valid?

Approval by a legislative body. Signup and view all the answers

What is 'authentic interpretation' in the context of law?

A judicial interpretation that reflects the original intent of the legislature. Signup and view all the answers

What is the time frame in which the President must enact a law after the last Chamber's final vote?

30 days Signup and view all the answers

How long after its publication does a law enter into force?

15 days Signup and view all the answers

Which two types of decrees are considered primary sources of law?

Law decrees and legislative decrees Signup and view all the answers

What control does Parliament have over legislative decrees?

Preventive control Signup and view all the answers

What must Parliament do for the Government to adopt legislative decrees?

Establish principles and guiding criteria Signup and view all the answers

Which statement is true regarding law decrees?

They are controlled by Parliament afterwards. Signup and view all the answers

What happens if Parliament re-approves a law that has been sent back by the President?

The President is obliged to enact the law. Signup and view all the answers

Which of the following is NOT a reason for Parliament to delegate law-making power to the Government?

Public demand Signup and view all the answers

What distinguishes absolute reservation of law from relative reservation of law?

Absolute reservation provides no flexibility in law, whereas relative reservation allows for some. Signup and view all the answers

Which of the following describes the role of the Constitutional Court?

To decide on the validity of laws in relation to the Constitution. Signup and view all the answers

What is the significance of Article 138 in the Italian Constitution?

It details the process for amending the Constitution. Signup and view all the answers

What characterizes a rigid constitution compared to a flexible constitution?

A rigid constitution requires a special procedure for amendment, while a flexible one does not. Signup and view all the answers

What role do international treaties play in the hierarchy of legal sources?

They typically hold lower priority than constitutional sources but can take precedence in specific cases. Signup and view all the answers

What does the term 'Primary Sources' refer to in the context of legal sources?

Sources that establish and codify law. Signup and view all the answers

What is the maximum duration for which law-making power can be delegated according to the outlined procedures?

Two years Signup and view all the answers

What are the limitations placed on Ordinary State Law as described in the provided information?

It must adhere strictly to constitutional provisions. Signup and view all the answers

Which of the following must be included in the delegating law for a legislative decree?

Guiding principles and criteria Signup and view all the answers

Which type of law can be classified as 'Atypical' legal sources?

Statutes that do not follow general legal standards. Signup and view all the answers

What is one consequence of the temporary nature of law decrees?

Potential need for re-issuance due to expiration Signup and view all the answers

Which entity carries out the admissibility judgment of an abrogative referendum?

The Constitutional Court Signup and view all the answers

What term is used to describe the concept of 'exceptional cases of necessity and urgency' in relation to law decrees?

Broad interpretation formula Signup and view all the answers

What type of majority is predominantly required for the approval of regional laws?

Relative (simple) majority Signup and view all the answers

Which principle ensures that decisions are made at the closest possible level to the citizens?

Principle of Subsidiarity Signup and view all the answers

Which of the following elements is considered a binding act in European Union law?

Directive Signup and view all the answers

What document outlines the functioning of the European Union and is essential to understanding EU law?

Treaty of Lisbon Signup and view all the answers

What is the hierarchical position of regional law in the legal systems of Italy?

Subordinate to State Law Signup and view all the answers

Who can initiate the law making process?

Regional Councils and the CNEL Signup and view all the answers

What is required for citizens to propose a bill?

A proposal drafted in articles signed by at least fifty-thousand electors Signup and view all the answers

What happens after a law proposal is submitted?

The Speaker sends it to a parliamentary committee Signup and view all the answers

What is a characteristic of the ordinary procedure in the law making process?

A committee head leads the debate and a base text is adopted Signup and view all the answers

What occurs if there is disagreement among committee members regarding the proposed law?

There may be additional reports from minority parties along with the majority report Signup and view all the answers

How does the full Chamber finalize the law proposal after receiving committee reports?

It discusses and approves the proposal article by article, then votes on the final text Signup and view all the answers

What characterizes the role of sub-committees in the law making process?

They facilitate discussions to create a compromise text among varied political positions Signup and view all the answers

What must accompany a law proposal when it is submitted?

A report detailing reasons, objectives, and characteristics Signup and view all the answers

Study Notes

Public Law - Introduction to Italian Public Law

The purpose of law is to ensure peaceful social coexistence.
This can be achieved directly, by protecting individual interests, or indirectly, by ensuring public interests in peaceful coexistence.
An example of a private law rule is Article 832 of the Italian Civil Code (property rights).
An example of a public law rule is Article 624 of the Italian Criminal Code (theft).
The course will focus on fundamental elements of constitutional law, administrative law, procedural law (civil and criminal), criminal law, international law, ecclesiastical law, tax law, parliamentary law, and regional law; full study of each will not be possible.
Suggested textbook: G.F. Ferrari (ed.), Introduction to Italian Public Law (Giuffrè, Milan 2022).
The course will utilize presentation slides, primarily derived from the textbook.
Assessment will be through written and oral exams. An intermediate exam option is available.

Sources of Law

"Source of law" is a metaphor that refers to what body issues the law.
In a subjective sense, a source of law is the authority, such as a Prince, Parliament, that creates the law by creating rules governing human behavior.
In an objective sense, a source of law is the act or fact which creates a law.
Contemporary legal systems are complex; the same body can produce different acts creating law.
Therefore, a source of law is any act or fact that complies with the law system in force.

Enacted Legal Texts and Legal Norms

Enacted legal text: a meaningful statement attaching a legal-normative meaning to human behavior.
Legal norm: the rule of behavior arising from an enacted legal text resulting from interpretation.
An example of distinction can be seen in the work of Vezio Crisafulli.

Source of Law, Act and Fact

The transition from source to norm can be mediated by acts or facts.
Acts like the Constitution, a statute, a government regulation, or a parliamentary regulation, lead to a legal statute that develops into a legal norm.
A fact, like a custom, becomes a form of behavior that develops into a norm.

Necessary Conditions of a Regulatory Act

Acts are laws that produce legal effects as long as they meet three conditions.
- Existence: issued by a competent body with power. Recognizable as intended. Correct naming and procedures
- Validity: adopted by a competent authority according to rules of legislative power.
- Effectiveness: having the requisites to produce its effects.

Existence

An act becomes law if:
- Issued by competent, authorized body in exercise of power.
- Recognizable as intended law type.
- Issued by competent body with correct name/procedure according to source.

Validity and Effectiveness

Validity: An act is valid if it's adopted by a competent authority according to the procedural and substantial rules of legislative power.
Effectiveness: An act is effective if it has requisites to produce its effects.

Common Law vs. Civil Law

The distinction between acts and facts as sources leads us to common and civil legal models.
This is somewhat less useful nowadays, due to the hybridization of models.
Common law systems are rooted in customary origin, focusing primarily on court judgments. The concept of binding precedent (stare decisis) is key, where higher court decisions bind lower courts.
Civil law systems are based on codified statutory laws. Techniques for resolving conflicts between sources are primarily based on hierarchical criteria. Italian law is generally part of the civil law model, although the role of judicial precedent has grown in relative importance.

Sources of Knowledge of Law

Sources of knowledge of law are distinct from sources of law.
They are documents that allow knowing the law, like the Official Gazette of the Italian Republic.

Interpretation

Legal interpretation is a rational process for assigning meaning to legal text.
General and abstract statutes are applied to real-life scenarios through interpretation.
The classical theory views legal rules as having a conditional structure ("if this, then that...") and interpreters reason through syllogisms (major premise, minor premise, conclusion).
Example: The crime of murder under Article 575 of the Italian Penal Code.

Clarifications on Interpretation

Real-life cases are also subject to interpretation.
All legal rules don't have conditional structures (e.g., constitutional principles).

Authentic Interpretation

An authentic interpretation is an official interpretation of a legal norm issued by the same authority that created the source of the norm being interpreted.
It serves as a guide for interpreting the norm, but this doesn't prevent judges from applying their own interpretation
The principle of separation of powers implies that the legislative authority cannot replace a judge or Public Administration in interpreting law.

Analogy (legis or iuris)

Judges and public officials use analogy to interpret law (e.g., to address situations not explicitly covered in the law).
Analogy may be of two kinds ('legis' or 'iuris') based on how specific laws or general principles are applied.
An example is found in Article 12 of the preliminary provisions of the Italian Civil Code. These provisions give a general guide to how law is to be interpreted

Techniques for Resolving Contrasts Between Sources of Law

When multiple sources of law conflict, the interpreter's task is to resolve the conflict and define a clear meaning.
Techniques such as chronology, hierarchy, competence, and specialization can be used to resolve conflicting sources of law.

The Criterion of Chronology

The principle of chronology solves conflicts between laws within the same category.
Newer law supersedes older law, unless the older law is explicitly stated to apply retroactively.
Laws can be repealed, which can be expressed, tacit, or implicit.
There is a general principle of non-retroactivity of law as required by Art. 11 of the Preliminary Provisions to the Italian Civil Code.

The Principle of Non-Retroactivity

The principle of non-retroactivity is a fundamental constitutional principle in Italian law.
Laws are only enforced for future actions, not past ones.
The Constitutional Court may deem exceptions, when the new law is more favorable to individuals.

The Criterion of Specialization

In conflicts between a general and a more specific law, the specific law overrules the general law.
In this case, the general law remains valid for all categories not already addressed by a special law.

The Criterion of Hierarchy

Laws that are higher in the hierarchy of legal sources take precedence over lower-ranking laws when they conflict.
Constitutional law holds the highest in the hierarchy; laws at lower levels will be considered illegal if they violate higher level rules or principles. Annulation is with retroactive effects.

Annulment and Repeal

The Constitutional Court declares constitutional illegitimacy of primary sources.
Lower ranking bodies declare illegitimacy of secondary sources.
Annulment is retroactive; repeal only affects future effectiveness.

The Hierarchy of Legal Sources

The pyramid-style hierarchy is used for the understanding of sources of law in many countries.

The Criterion of Competence

Conflicts between laws at the same level cannot be solved solely by the criterion of chronology.
In these cases, the Constitution prioritizes a source over the others.
The Constitutional Court has the power to declare primary sources constitutionally illegitimate, while lower-level courts handle challenges related to secondary sources' legal defects.

The Criterion of Competence and Pluralist Democracy

The criterion of competence is essential in a pluralist democracy, where the Constitution recognizes and grants autonomy to various bodies (e.g., Parliament, Regions).
Understanding the relationships between sources of law, the form of State, the type of State, and the form of government is crucial.

Reservation of Law

Constitutional provisions may reserve certain specific matters to be regulated exclusively by ordinary laws, constraining the executive branch's regulatory power.
"Riserva di legge" is used in this context by the Italian legal system.
This provision requires matters of significant policy importance to be governed by laws to allow, in particular, minority participation in decision making on sensitive topics.

Examples of Absolute and Relative Reservations of Law

Specific examples (e.g., Article 13 of the Italian Constitution; Article 23 and 97, paragraph 1 of the same constitution) display absolute and relative law reservations.

Simple or Reinforced Reservations of Law

Simple reservations of law limit what must be regulated by primary law but do not specify how the subject should be regulated (e.g. art. 23 It. Const.)
Reinforced reservations of law go further and stipulate how the subject matter should be regulated (e.g. art. 16 It. Const.)

Atypical Legal Sources and Reinforced Laws

Some laws, while belonging to the same category as formal laws, possess inherent limits related to their form or substance.
The Constitution requires specific procedures for their adoption.
They are considered as "reinforced" laws, due to the special requirements on their approval procedure.

Atypical Legal Sources: Examples

Article 75, paragraph 2 of the Italian Constitution (refers to those laws that cannot be amended by referendum).
Article 79 (relates to amnesties and indulgences); Article 8, paragraph 3 (relates to religious confessions).
Article 116, paragraph 3 (relates to differentiated regionalism).

Some examples of Reinforced Laws

More examples of laws requiring specific procedures related to adoption, such as amnesties and indulgences.

Constitutional Sources

The Italian constitution is at the highest level of the hierarchy of legal sources.
It is a rigid constitution, unlike flexible constitutions that can be amended through ordinary laws.
It's a long constitution, because it contains principles and rights, not just the organization of the State, or the governmental power structure.

Rigid & Flexible Constitutions

Flexible constitutions can be amended with ordinary laws.
Rigid constitutions require a more complex amendment process.

Short and Long Constitutions

Short constitutions focus on State structure and relationships between bodies.
Long constitutions incorporate principles and rights. Italy's current constitution is considered a "long" constitution

The Programmatic Nature of the Italian Constitution

The Italian Constitution is considered a programmatic document, aiming to transform society based on societal values, sex/race equality, political and economic equality guaranteeing participation.

Constitutional Amendment Laws

Constitutional amendment laws have legitimacy originating from the Constitution, representing the highest expression of “constituted” power.

Explicit and Implicit Limits to Constitutional Amendment Laws

The Italian Constitution provides explicit and implicit limits to constitutional amendment.
Article 139 of the Italian Constitution dictates the explicit limit regarding the constitutional republican form of government unchangable.
Implicit limits can also apply based on principles established in the Constitution, such as representative principle, association or political participation.

Article 138, It. Const.: The Procedure

Article 138, It. Const., governs the procedure for amending the Constitution.
This procedure applies to both constitutional amendments and other constitutional acts.
The legislative procedure is the same for both sources, with more stringent conditions for constitutional amendments than for ordinary laws. The procedure involves a double vote in Parliament and possible submission to popular referendum.

Article 138, It. Const.: Conditions

At least four conditions must be met to enact an amendment pursuant to Art. 138, It. Const.: double vote in Parliament, interval between votes, approval by a qualified majority (more than the usual political majority), and the possibility of popular referendum.

Primary Sources

Primary sources are positioned below the Constitution in the hierarchy. They are "closed," meaning that only the Constitution can add new primary sources.
Ordinary laws resist repeal or modification by lower-ranking laws like government regulations

The "Force of Law"

A source has the force of law if it can repeal or amend laws on the same level, or those from lower-ranking laws

Ordinary State Laws

Ordinarily State law is subordinate to the Constitution and subject to its procedural and substantial limits.
Laws that don't respect constitutional principles can be annulled by the Constitutional Court.
Ex. Article 134 of the Italian Constitution.

Ordinary State Law: Procedure

Legislative power in Italy rests with Parliament—a bicameral body consisting of the Chamber of Deputies and the Senate.
The Constitution has adopted the bicameral system for decades.

The Adoption of Laws in the Italian Constitution

The Second Part of the Italian Constitution focuses on the organization of the Republic, starting with Title I, "The Parliament".
Title I is divided into two sections. Sections 55 through 69, are called, "The Chambers," and Section 70 through 82, "The Adoption of Laws."
The legislative function is exercised by both chambers in a collective manner (art. 70).

Legislative Initiative

Law-making begins with a formal proposal.
The initiative is shared between the Government, Members of both Chambers, and bodies/organs of the constitutional law.
Individuals can propose laws; signatures of 50 000 electors are required.

Deliberation

There are three primary procedures for a law proposal to become law if accepted: Ordinary, Debate, and Drafting.

Ordinary Procedure

The committee head leads the debate; proposals are examined article by article
The committee drafts a compromised bill based on the various political positions (Art. 72).
The full Chamber then votes on the draft, article by article and as a whole.

Ordinary Procedure: Continued

After receiving the committee report, the full Chamber discusses the measure and any amendments.
A final vote is held on each article and the complete text.
The text may change if amendments are approved.
The law proposal becomes law if approved by a majority of votes of the members present.

Article 72, Par. 4, It. Const.

This article details that the regular procedure is used in constitutional or electoral matters, for delegation, or for treaties, and budget approvals.

Debating Procedure

Law proposals are sent to a committee for examination, discussion, and voting.
If the Government, a fifth of the committee, or a tenth of Chamber members request, the whole chamber debates and votes on the proposal.
This protects both minority and majority party interests, allowing for debate in the full chamber without government agenda bias or blockage.

Drafting Procedure

The full Chamber initially discusses the law proposal.
It is then sent to a committee for drafting.
The full Chamber votes on each article of the draft.
The final text is then passed as a whole.

The End of Deliberation

Once passed in one chamber, the same proposal passes to the other chamber for a vote.
If amendments are made, these changes need to be approved in the other chamber as well, until identical text has been approved in both.

Integration and Effectiveness

A law, once approved by both chambers, is yet not effective.
The President of the Republic checks the law for legitimacy and constitutional merit.
If the law is approved, it is published in the Official Gazette within 30 days.
It enters into force 15 days after publication.

Acts Having Force of Law

Legislative and law decrees (acts of the government possessing force of Italian law) are issued by the government under exceptional circumstances dictated by the situation and constitution.
The legislative process has a different methodology for acting when the government produces legislative acts.

Legislative Decrees

Legislative decrees are based on Parliament's delegation of legislative power to the government to draft new primary source laws.
Parliament delegates when it is better not to act directly on a certain proposal, such as in complex or technical cases or those of political importance.

Legislative Decrees (cont.)

The legislative power is not delegated for longer than two years and is under precise legal limits.
Law no. 400/1988 established further limits to these decrees, and the opinion of the parliamentary committees on the specific subject is necessary for legislative decree approval.

Legislative Decrees: Delegating Law and Legislative Decree

If the law delegating legislative power does not meet constitutional procedural and substantive criteria, it is considered invalid or unconstitutional.
Delegated decrees must adhere to the limits specified in the law granting such a delegation and cannot exceed them.

Law Decrees

Law decrees are implemented in exceptional situations of necessity and urgency, such as natural disasters.
The government, in such a case, may adopt provisional measures and submit such measures for the Parliament to immediately decide on after passing it as an actual law. The original decree is only effective for a limited time and will lost its effect if Parliament doesn't vote it as a law within that time limit. If no law conversion is completed, than the decrees effect is null.

Law Decrees: Procedure

The government evaluates the extraordinary circumstance requiring intervention and submits the decrees to Parliament.
The president of the Republic approves and publishes the decree in the Official Gazette, and it has immediate effect until its conversion to an actual law within 60 days, failing in which the effect is considered null from commencement.

Consequences of Temporary Nature of Law Decree

Law decrees that are not converted into law lose all their effects from their commencement, thus becoming invalid.
In cases of transformation, amendments to their content must respect the original scope.

The Abuse of the Law Decree

This is a controversial aspect in the interpretation of Italian constitutional law, as there can be issues with governments using law decrees to extend their influence on policy areas that go beyond legal necessity and urgency that are required for issuing these type of secondary legislation.

Exceptional Cases of Necessity and Urgency

The criterion of necessity & urgency has been widely interpreted and applied throughout history, often beyond its strict constitutional meaning.
Government officials frequently resort to such interpretation due to the urgency needed in the specific circumstances.

The Re-issuing of Decrees

Re-issuing identical or similar decrees after they are deemed unconstitutional by the Italian Constitutional Court,
The re-issuing is also unconstitutional, and will violate the limits of the delegation procedures.

The Limits of Decree Law

Like legislative decrees, law decrees cannot exceed their boundaries.
Certain subjects are off limits, like amending another law decree or regulating subjects specifically reserved by constitution to Parliament (art. 76 It. Const), or subject matter in Art. 72, par. 4 It. Const).
Law decree cannot convert another law decree.
Legal decrees or other legislative activity that is not declared necessary and urgent by the government in an exceptional circumstance of necessity and urgency can be considered unconstitutional.
Law decree cannot cover the same policy areas again, and they cannot become a method for replacing or overriding parliamentary legislation continuously.

Abrogative Referendum

An abrogative referendum is a type of direct democracy tool allowing citizens to entirely or partially repeal ordinary state laws or those with "force of law,".
It is used when requested by a certain number of voters, to enact the popular will.
Certain types of legislation are excluded from the referendum procedure and must always be approved by Parliament, such as tax, budget, amnesty, pardon, and treaty related legislation.

Procedures and required signatures are regulated by Italian law, mainly Law no. 352/1970

Abrogative Referendum: Procedure

Referendums can be called upon request by a certain amount of registered electors or regional councils, by filing a petition containing signatures from the proposers.
There is a required three-month notification period for the collected signatures.
Specific regulations exist for petitions to be presented by regional bodies.

Control Carried Out by the Central Office at the Court of Cassation

The Central Office at the Court of Cassation reviews and verifies the regularity of referendum petition procedures.
The Office unifies petitions on similar subject areas and ensures the requests do only apply to laws and acts that truly have force of law.

The Admissibility Judgment of the Referendum Carried Out by the Constitutional Court

The Constitutional Court assesses referendum admissibility following specific guidelines (art. 75 par. 2 It. Const)
Certain legislation is not subject to referendum and is excluded, such as tax or budget laws, amnesties or pardons, laws authorizing international treaty ratifications.

The Admissibility Judgment (cont.)

Case law has broadened the list of issues not subject to referendum and issues a re-interpretation of what elements may be considered a referendum topic, and in which cases.

Structural Quorum

The Structural quorum requires that a specific portion of voters must participate in the referendum, half the total number of eligible voters in this case.
If the quorum is not reached, the referendum is deemed invalid, and current laws remain in effect.

Parliamentary Standing Orders

Each chamber of Parlament creates its own Standing Orders, which set internal rules and procedures, following constitutional guidelines, for the organization of the chamber. This includes procedures like committee formation (or sub-committees) or the different voting modalities. It also specifies the scope of power of each chamber and the relationship between the government and parliament. The creation of the Standing Orders requires an absolute majority vote from the members present.

Secondary Law Sources

Unlike primary source laws, Secondary sources are not limited; the legislative branch can create them for any reason at any level.
Therefore, secondary sources are located at the level of various administrative organizations (state, regions, and local bodies) unlike primary sources, or unlike the closed system of primary sources, the system of secondary laws is not a closed one, which will give it a different structure, compared to the pyramidally configured primary source system.

Government Regulations

The Government's power to issue regulations is clearly determined by Italian Law no.400/1988, and art. 17.
Regulations are subject to a specific procedural framework; proposals can be made by one or more Ministers but need approval form the Government body after obtaining an opinion from the Council of State.
Regulations are promulgated by the President, who checks for legitimacy after obtaining the opinion of the Council of State, and then the court of account for control.
The law types of government regulations are divided into - executive, integrative, organizational, and independent.
Delegated regulations are also provided in this law.

Executive Regulations

Executive regulations ensure that laws are implemented (Law no. 25/1999).
They add no new elements but clarify applications of existing law, helping to eliminate ambiguities in the implementation of the existing rules.

Integrative Regulations

These are more complex regulations that introduce new elements into existing laws.
They integrate laws by clarifying details or adding elements not explicitly mentioned in the original law text.

Organizational Regulations

These regulate the operational procedures of government agencies and ministries.

Independent Regulations

Legal scholars consider independent regulations to be somewhat controversial.
They cover areas not strictly regulated by statutory laws or acts with the same force of law.

Delegated Regulations

Delegated regulations are used to replace laws deemed unnecessary or of less significance with secondary source ones, thus deleting the need for a primary source regulation.

Regional Sources of Law

Italy's institutional structure includes regional and local government, all adhering to the principle of "one and indivisible republic."
Article 5 of the Italian Constitution establishes this "one and indivisible republic" principle, which guarantees and promotes regional and local autonomy while preserving the integrity of the nation.

Special and Ordinary Autonomies

Five Italian regions have special forms/conditions of autonomy by constitutional law granted by the Italian Constitution, regarding socio-economic/geographical factors.
Other 15 regions have a structure identified by the Constitution as "ordinary autonomy."

Differentiated Regionalism

A constitutional reform in 2001 created "differentiated regionalism," in order to allow regions to negotiate autonomy regarding certain subjects and matters of competences, that are subject, to the concurrence with the state, while leaving other competences solely to the state, and those to the regions (ex: Art. 117) (part 2, Art. 116, par. 3 It. Const).

Regional Statues

The statutes of regions having "special autonomy" have detailed content, focusing on aspects of regional organization, functions, and competence fields.
Special Statutes also have superior position than Regional laws, as being constitutional laws, while "ordinary" autonomy statutes do not require the same treatment.

Statutes of Regions with Ordinary Forms of Autonomy

These statutes are adopted and amended by the Regional Council.
There are minimum requirements established by the Constitution and by Italian law, including a required quorum (at least half the electors have to vote and agree).
There are specific restrictions on the adoption of the statutes by the Regional Council.

Relations Between Statutes of Ordinary Regions, State Laws and Regional Laws

Regional laws are subordinate to the Constitution and on the same level as ordinary State laws and acts that have the force of law.
State law and Regional law relations are characterized by a harmony based on principles of separation and concurrence (117, 2-4).
If there is a clash, constitutional law dictates which law prevails.

Regional Laws: Procedure

The procedure for adopting regional laws typically consists of phases of initiative, deliberation, promulgation, and publication.
These phases are established by the Italian Constitution, regional statutes, and the Standing Orders of each Regional Council.

Regional Laws: Procedure (cont)

Deliberation in regional councils usually occurs via committees and via reports (in "reporting sessions").
Regional laws are enacted with a majority of votes; however, some cases require a qualified majority vote.

Legislative Power of Special Regions

The statutes of special regions will define the legislative powers of each region's authority or body (or bodies).
The special autonomy granted by the Italian constitution to these specific regions allows them to exercise their regional competence (exclusive/concurrent regulation capacity), following the general principles of the constitutional law and considering the fundamental principles of socio-economic reforms.

Regional Regulatory Power

Bylaws or regulations are created to supplement regional laws.
They are important for issues or areas lacking primary legislation (i.e., regional laws).

Law of the European Union

The EU's legal system is complex due to multiple elements that can complicate the relationships among governing bodies and the different decision-making processes that must be followed.
Unlike Italian law, EU law may differ in the correspondences between the nomen iuris and the legislative procedure required for adoption, making the approach to understanding and applying EU law unique.

Primary and Secondary Sources of EU Law

The EU's legal system is based on treaties (primary law) and sources that derive from them.
Key founding treaties include the Treaty of Paris establishing European Coal and Steel Community, Treaty of Rome establishing EURATOM and EEC, the Merged Treaty of 1965 for the unification, the Maastricht Treaty for the EU ratification, Amsterdam Treaty (1997), and the Treaty of Nice (2000).
The treaty of Lisbon established a new legal structure after many years and the ratification of many treaties.

The Treaty of Lisbon

The Treaty of Lisbon, signed in 2007, ratified in 2009, established many changes in European law structure, and established the common legal foundation for the EU by including the charter of fundamental rights, and incorporating it as binding, rather than just a guiding principle.

The Treaty of Lisbon (cont.)

The Treaty of Lisbon streamlined the EU's democratic structure by giving greater legislative power to the European Parliament and decreasing the requirement for unanimity among member states to enact legislation.
The Treaty also strengthened the scrutiny capacity of the European court of justice for the protection of EU law.

The Treaty of the Functioning of the European Union (TFUE) and the Treaty of Lisbon

The TFEU establishes the rules and procedures for the operation of the European Union.
It also establishes the delimitation of competence areas of the EU, and the procedures to adopt secondary sources of law.

The European Court of Justice

The European Court of Justice (ECJ) is the supreme EU court of law.
The ECJ has exclusive jurisdiction over treaties interpretation, enforcing supremacy of EU primary sources (Treaties) over secondary legal sources that deviate from these.
Disputes of conflicting secondary sources, like a conflict between a secondary EU act and an act from an EU Member State, will be decided by the criterion of competence

Principle of Attribution

The principle of attribution determines which legislative competences belong to the EU.
EU Treaties specify the subject matters.
EU competencies and the relations between member states, via the European Court of Justice, may determine further implied power extensions, in practice sometimes exceeding the originally specified subject matters.

Principle of Subsidiarity

The principle of subsidiarity allows the EU to act only when necessary to achieve certain objectives, and not when member states have the capability to act successfully on their own. EU intervention is considered only if there is insufficient support or capacity from member states.

Non-binding Acts

Non-binding acts such as recommendations and opinions help guide EU policies or express an EU body's position without legal obligations or sanctions; a failure to comply doesn't trigger legal consequences for member states or individuals.

Binding Acts: Regulations

Regulations are directly applicable and binding across the EU, containing general, abstract rules.
The principle of supremacy means EU regulations override domestic laws in member states, with the possibility for the EU court to deem domestic laws inconsistent with EU regulations as invalid.

Directives

Directives specify the results Member States need to achieve, but they leave the choice on instruments to Member States.

Decisions

Decisions are addressed to specific legal entities or Member States; thus, they don't establish general rules applicable to all but are more similar to administrative processes.

Relation Between EU Law and Italian Law

Italy, when joining the EU, accepted the conditions established in the treaties, which have significantly affected Italian sovereignty.
Article 11 of the Italian Constitution allows Italy to agree to a process with other states to limit national sovereignty in order to support the European Legal system for ensuring inter-nation peace and stability, including the need to create and encourage inter-nation organizations.

Influence of Secondary Sources of EU Law: Directives

In the past, Italy faced sanctions from the European Commission due to delayed implementation of EU Directives.
To address this, Italy approved the "Annual Community Law," to ensure that all Directives were implemented in a timely fashion.

Influence of Secondary Sources of EU Law: Regulations

Today, there is no doubt that European Union law (i.e., regulations) prevails over conflicting national law.
If there is a conflict, thus a conflict between secondary EU sources and national law, national laws must not be applied.

Influence of Secondary Sources of EU Law: Regulations (cont.)

The Italian Constitutional Court changed its approach in favor of a "dualist" one.
If the EU regulation came before the national counterpart, the Italian Court considers and declares as invalid the national law; otherwise, the criterion of temporal precedence will be considered applicable;
As a general point, the European Court of Justice (ECJ) has reinforced the supremacy of EU law above national laws, especially when it comes to regulations, through several court rulings and interpretations.

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Test your knowledge on the distinctions between public and private law, as well as key concepts in civil law systems. This quiz covers important legal terms, conditions for regulatory acts, and the legislative process. Prepare to deepen your understanding of law and its frameworks.