EU law is a very wide-ranging legal system that comprises thousands of legal acts. It endeavours to regulate many relationships in the Member States of the European Union and effects everyday lives both of individuals and public bodies. EU law is, however, not always positively accepted. Such non-acceptance often follows from the increasing number of cases when EU law cannot be effectively applied on the national level. Significant reason for that lies in the poor quality of EU law. |
Article |
Quo Vadis, Europa?Loopholes in the EU Law and Difficulties in the Implementation Process |
Journal | European Journal of Law Reform, Issue 2 2016 |
Keywords | EU Law, Quality of Legislation, Loopholes, Implementation, Joint Practical Guide |
Authors | Markéta Whelanová |
AbstractAuthor's information |
Article |
The Italian ‘Legislation-Cutting’ Tool |
Journal | European Journal of Law Reform, Issue 3 2016 |
Keywords | law revision, legislative scrutiny, codification, delegation |
Authors | Fabio Pacini |
AbstractAuthor's information |
The article offers an overview of the most ambitious operation of law revision ever attempted in Italy, retracing its phases in order to give an overview of some of the major constitutional questions it raised. The article will focus, in particular, on principles and criteria of the delegation to the Government – which represented the core of the entire operation – as well as on the use of emergency instruments for the same purpose. Two examples of errors or political use of law revision will also be analyzed. |
Article |
The Mechanisms Used to Review Existing Legislation in the Civil Law SystemCase Study – Italy |
Journal | European Journal of Law Reform, Issue 3 2016 |
Keywords | codification, consolidation, law revision, legal restatement, legislative scrutiny |
Authors | Enrico Albanesi |
AbstractAuthor's information |
The aim of this article is to describe the mechanisms that are used in the civil law system to review existing legislation. The case study will be based on the Italian system. In the civil law system we are not familiar with the concept of law reform, in the sense used in the common law system, because there is no law reform agency in the civil law world. The mechanisms used to review the existing law in civil law systems are: codification, consolidation, repeal, law revision and legal restatement. To understand how the mechanisms used to review existing legislation work in Italy, an overview of the Italian law-making and drafting processes will be carried out here, underlying the bad impact that the Italian equal bicameralism has on the quality of legislation and also on the mechanisms to review existing legislation. After this, the article will focus on the specific tools that are used in Italy for codification and consolidation (decreti legislativi), for law revision (the so-called taglia-leggi) and for legal restatement (examining the role of the Consiglio di Stato). Particular attention will also be paid to the parliamentary scrutiny on the quality of legislation. Finally, the article will focus on the constitutional amendment process Italy carried out in 2014-2016 and that was expected to fundamentally change the Italian law-making process, superseding the equal bicameralism arrangement (a referendum on this was held on 4 December 2016, and the reform was rejected by the Italian people). |