Contents
Notes on Contributors
Foreword: A More Effective, Connected and Democratic EU
I. Introduction. The Italian Parliament, Today
II. Dual Citizenship, Dual Representation
III. A Devil"s Alternative for Parliaments in the EU
IV. The Active Contribution of National Parliaments to the Good Functioning of EU Democracy
V. The Need for a Pact Among Parliaments, within the New Institutional Framework
Introduction: The Italian Parliament and the New Role of National Parliaments in the European Union
I. National Parliaments within the "Euro-national Parliamentary System"
II. The European Powers of National Parliaments
III. The Ambiguities of the Role of National Parliaments in the EU and the Debate on their Perspectives
IV. The Need to Analyse each National Parliament Placed within the Euro-national Parliamentary System
V. The Italian Parliament
VI. The Structure of the Book
Part I: Italy Coping with the Process of European Integration
1
The Transformative Role of the Parliament in the Italian Experience
I. The First Long Phase of the Italian Parliamentary System
II. Reasons for and Context of the 1993 Crisis
III. The Incomplete Shift to a Majoritarian Democracy
IV. Current Issues in the Political Representation System
2
The Role of the Italian Parliament in the Stipulation of International Treaties: Rise and Decline of the "Authorisation Model"
I. Introduction. Parliamentary Authorisation: A Model for a State-based Law-making
II. The Functioning of the "Authorisation Model" in a Comparative Perspective
III. Authorisation Model: The Italian Way
IV. Conclusions: Which Future for the "Authorisation Model"?
3
Formulating and Implementing EU Law and Policies: "Ascending" and "Descending" Phases and Beyond
I. An Introduction: The Specificities of Italian Literature within European Constitutional Studies
II. Some General Definitions and an Attempt at Periodisation
III. The First Period: The Absence of Specific Tools to Organise the Relationships with the European Legal Order
IV. The Second Period: The Annual Community Law "Era" (1989-2012)
V. The Third Period: Towards a Tighter Connection between the Two Phases? Law No 234/2012
VI. The Perspectives of Reform
VII. Towards a Conclusion
4
The Evolution of Italian Representation in the European Parliament: Electoral Laws, Systemic Effects and MPs" Characteristics
I. Introduction
II. The Electoral Law for the Election of the Italian Members of the European Parliament
III. How (Dis)proportional? The Italian Electoral Law in a Comparative Perspective
IV. Effects on Political Representation
V. Conclusions
Part II: The Formation of the National Position in the EU
5
The Function of Scrutiny and Political Direction of the Government, Between Foreign Affairs and European Affairs
I. Parliamentary Instruments for Setting and Controlling the Government in the Domain of Foreign Affairs and European Affairs
II. The Traditional Parliamentary Tools
III. Major Innovations after the Lisbon Treaty
IV. How the Italian Parliament Seeks to Influence the EU Policies: The Example of the Migrant Emergency
V. Optimising the Participation Capabilities of National Parliaments in a Rapidly Changing Decision-making Environment
6
European Affairs within the Chamber of Deputies
I. The Legal Framework
II. The EU Scrutiny
III. The Subsidiarity Check
IV. The Political Dialogue40
V. Consideration of the Government"s and EU Political Planning Documents
VI. Consultation of the Regional Assemblies
VII. Interparliamentary Cooperation
VIII. Conclusions
7
European Affairs within the Senate of the Republic
I. The Constitutional Framework
II. The Powers of National Chambers in the EU Legislative Process: The Scrutiny of the Government"s Activities in the Council
III. The Role of the Parliamentary Bodies of the Senate
IV. The Political Dialogue
V. The Subsidiarity Check
VI. The Involvement of Regional Legislative Assemblies
VII. The Follow-up of the Senate"s Resolutions
VIII. The Senate and Interparliamentary Cooperation
IX. The Participation in the "European Semester" Process and the Economic Governance Cycle
X. Conclusions
8
The Coordination with the Regional Councils
I. An Unsatisfactory Status Quo: The Historical Lack of Coordination Between the Italian Parliament and Regional Councils
II. The Treaty of Lisbon"s Upgrade of Regional Parliaments" Position
III. Law No 234/2012 as a Tool of Coordination between the Italian Parliament and Regional Councils
IV. The Coordination in the Case of the EU Second Legislative Package on Circular Economy
V. The Participation of Regional Councils in the EWS and the Political Dialogue as a Step Forward for the Reform of the Senate? The Legacy of the Failed Constitutional Reform
Part III: The Italian Parliament in the βEuro-nationalβ Parliamentary System
9
Procedures vis-\xe0-vis the Commission: The Subsidiarity Scrutiny as a Way to "Reconnect" EU Democracy
I. Introduction: National Parliaments and the European Commission, at the Opposite Extremes of EU Democracy
II. Early Warning System and Political Dialogue: Their Complementary and Ancillary Role in the Function of Scrutiny and Direction on EU Affairs
III. A Senate More Active in EU Affairs, and Especially in the EWS
IV. The Interpretation of the EWS as a Mainly Political Instrument
V. The Implementation of Law No 234/2012: A Stronger Link with the Government, but Still to be Improved and Fully Proceduralised
10
Procedures vis-\xe0-vis the European Council and the Council: Approval, Delay and Veto Powers
I. The Parliamentary Powers Concerned
II. The Belated Implementation in Italy of Parliamentary Powers Requiring a Coordination between the Two Houses
III. Powers to "Approve" Decisions by the Council and the European Council: The National Part of the Euro-national Decision-making
IV. Delay Powers: The "Emergency Brake"
V. Veto Powers on Passerelle Clauses and Family Law
VI. Conclusions: The "Mild" Italian Parliamentary Model of Participation in the EU
11
Procedures vis-\xe0-vis the European Parliament and the Other National Parliaments: Interparliamentary Cooperation
I. The Italian Parliament Facing Interparliamentary Relations in the EU Framework: Ongoing Trends
II. A Symmetric Bicameralism with Divergent Approaches to Interparliamentary Cooperation in the EU
III. Interparliamentary Cooperation from the Italian Perspective: An Issue Mostly Disregarded by the Two Houses" Rules of Procedure
IV. Representing the Italian Parliament in the Interparliamentary Cooperation at EU Level
V. Other Divergences in the Italian Houses" "Macro" Approach to Interparliamentary Cooperation in the EU
VI. Conclusions. The "Europeanisation" of the Italian Symmetrical Bicameralism as a Leading Challenge for the Participation in Interparliamentary Relations
12
Procedures vis-\xe0-vis the Court of Justice of the European Union: Ex Post Subsidiarity Scrutiny
I. Introduction
II. Subsidiarity and Article 5(3) TEU
III. National Parliaments and the Early Warning System
IV. Maximising Scrutiny: Alignment of the Different Mechanisms
V. Conclusion
13
Procedures vis-\xe0-vis the Institutions of the New Economic Governance
I. The Evolution of the Role of the Italian Parliament under EU Constraints, from the European Monetary System to the "Fiscal Compact"
II. The Italian Budgetary Policy as a Process: The European Semester and the National Semester
III. The Italian Way to Solve the Asymmetrical Information Problem between the Executive and the Legislative Branches
IV. The Italian Parliament and the European Central Bank in the Context of Monetary Policy and the Banking Union
V. Inter-parliamentary Cooperation as a Basis for a Euro-national Budgetary Process
VI. Conclusions
14
Procedures vis-\xe0-vis the "Masters of the Treaties": The Parliamentary Role in the Revision of the Treaties
I. Introduction
II. The Power of Revision of the Treaties between International Law and Constitutional Law
III. The New Revision Procedure Introduced by the Lisbon Treaty
IV. The Italian Parliament and the First EU Treaties Revision after the Entry into Force of the Lisbon Treaty
V. The Choice of the Italian Legislator to Safeguard the National Parliament in the Treaty Amendment Process: Articles 11 and 5 of Law No 234 of 2012
VI. The Delegates of the Italian Parliament within the European Convention
VII. Concluding Remarks
Part IV: The Italian Future in a European Perspective
15
Understanding the Impact of the Autonomy of National Legislatures on the EU Policy Process
I. Introduction
II. Comparing Legislative Influence
III. Origin and Changes in Institutional and Partisan Autonomy in Italy
IV. The Influence of the Chamber of Deputies on EU Policy-making
V. Correlation or Causation?
16
The Italian Symmetrical Bicameral System in EU Affairs
I. Introduction
II. The Constitutional Setting of the Italian Symmetrical Bicameral System
III. The Lisbon Treaty and Implications for Bicameral Parliamentary Systems
IV. The Italian Slow Process of Adaptation to the EU
V. Participation in the EU Decision-making Process and the Assessment of the Principle of Subsidiarity
VI. Conclusions
17
The 2016 Attempted Reform of the Italian Senate in a European Perspective
I. The Italian Constitutional Revision Bill: Still a Symmetrical Bicameralism in the Management of EU Affairs?
II. The Symmetrical Bicameralism for the Approval of Laws Authorising the Ratification of European Treaties
III. The Bicameral Law on the Italian Participation in the EU
IV. The Potential Role of the Revised Senate in the Transposition of EU Law into Italian Law
Conclusion: "Silent" Constitutional Transformations: The Italian Way of Adapting to the European Union
I. The Composite Nature of the European Constitution
II. The Wide Scope and the Stability of the "European Clause" Embedded in Article 11 of the Italian Constitution
III. The Italian Parliament in the "Silent" Evolution of the Composite Constitution
Afterword: European Democracy and National Parliaments (Through the Prism of Matteo Renzi)1
I. The Power-Legitimacy Disconnect and the Limits of EU "Democratisation"
II. Democratic Legitimacy and the Elusive Search for "Large-scale Solidarity" in Europe
III. European Technocracy and "Building Europe Without Europeans"
IV. National Parliaments as Repositories of Demos-legitimacy
V. A National "Riserva di Legge" in European Integration?
VI. Leadership, Technocracy and Tradition
Index