The chapter analyzes, with reference to the Italian legal order, the main forms of omnibus legislation (budget legislation and decree-laws) and the practice of maxi-amendments, namely long and heterogeneous amendments approved by a unique parliamentary vote tied to a question of confidence posed by the Government. It highlights the reasons for their success, due to the features of the political and institutional system, as well as their downsides, in terms of the quality of both the parliamentary process and the legislation so approved. It also addresses the latest developments in the parliamentary practices and in the case law of the Constitutional Court, which is seeking to establish some limits on the abuses of these instruments and to revamp the potential of the constitutional provision pursuant to which legislative bills need to be approved “article by article” (Art. 72 Const.).
Omnibus Legislation and Maxi-Amendments in Italy: How to Circumvent the Constitutional Provision Requiring Approval of Bills ‘Article by Article’ / Piccirilli, Giovanni; Lupo, Nicola. - 8:(2021), pp. 53-71. [10.1007/978-3-030-72748-2]
Omnibus Legislation and Maxi-Amendments in Italy: How to Circumvent the Constitutional Provision Requiring Approval of Bills ‘Article by Article’
Piccirilli G.
;Lupo N.
2021
Abstract
The chapter analyzes, with reference to the Italian legal order, the main forms of omnibus legislation (budget legislation and decree-laws) and the practice of maxi-amendments, namely long and heterogeneous amendments approved by a unique parliamentary vote tied to a question of confidence posed by the Government. It highlights the reasons for their success, due to the features of the political and institutional system, as well as their downsides, in terms of the quality of both the parliamentary process and the legislation so approved. It also addresses the latest developments in the parliamentary practices and in the case law of the Constitutional Court, which is seeking to establish some limits on the abuses of these instruments and to revamp the potential of the constitutional provision pursuant to which legislative bills need to be approved “article by article” (Art. 72 Const.).File | Dimensione | Formato | |
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