P6; CH4: Participation of Italy in the EU

Question 1

Why Italy is different from other MS?

Answer 1

DOCTRINE OF DUALISM:
- national and european levels are distinct
- exclusivity: any law that’s not product of a domestic legislation or ratification cant be binding PER SE

Italy didn’t modify its Constitution

Question 2

Law n.234/2012

Answer 2

This law governed the relation between Italian legal order and Union law, through:
- UPSTREAM PHASE
- DOWNSTREAM PHASE

This was done to make the Italian Parliament CLEARLY and EFFECTIVELY involved.

Instituted CIAE and the Italian Department for European policies

Question 3

What’s the CIAE?

Answer 3

Interministerial Committee for European Affairs, instituted by Law n.234/2012, has to:
- develop italian political guidelines
- promote TIMELY IMPLEMENTING of EU LAW

Question 4

What’s the Italian Department for European Policies?

Answer 4

It coordinates and formulates Italy’s positions

Question 5

What’s the UPSTREAM Phase?

Answer 5

Its governed by the principle of democracy, the Parliament is continuously informed of the Government’s work (that was enhanced) and has PARLIAMENTARY RESERVATIONS on some matters

Question 6

What’s the DOWNSTREAM Phase?

Answer 6

The Parliament can enact:
- EUROPEAN DELEGATED LAWS: delegated power to govs for implementing EU instruments
- EUROPEAN LAWS: provisions for direct implementing