The Emilia Romagna Regional Legislative Assembly (Assemblea Legislativa Regione Emilia-Romagna) was established on 7 June 1970.
Competences (legislative and non-legislative), legal bases and policy areas where the regional parliament is active
Legislative: The Legislative Assembly, like those of the other Italian regions, exercises its legislative competences in accordance with the provisions of Article 117 of the Italian Constitution. More specifically, Article 117(2) specifies legislative matters that are exclusive to the state, such as immigration, defense, citizenship and social security; Article 117(3) lays down legislative matters that are concurrent between the state and the regions, such as scientific research, health protection, land-use planning and communications; whilst Article 117(4) specifies legislative matters that are, on a residual basis, exclusive to the regions and therefore concern all those matters not covered by the first two paragraphs of Article 117. Moreover, the Regional Council is responsible for approving the regional budget. For further information, please refer to the Italian Constitution (available
here (EN)).
Non-legislative: The regions' non-legislative competences (regulatory powers and administrative functions) are exercised on the basis of Article 117(6) and Article 118 of the Italian Constitution. For further information, see link above.
List of committees/sub-committees or working groups in the regional parliament
The Legislative Assembly includes inter alia six Standing Committees:
- Committee I: Budgetary, General and Institutional Affairs;
- Committee II: Economic Policies;
- Committee III: Territory, Environment, Mobility;
- Committee IV: Health and Social Policies;
- Committee V: Tourism, Culture, Schools, Training, Employment, Sport;
- Committee VI: Statute and Rules of Procedure.
For further information, see
here (IT).
Committees in charge of scrutinising subsidiarity
Responsibility for subsidiarity monitoring rests with Committee I (Budgetary, General and Institutional Affairs).
Staff in charge of subsidiarity scrutiny
There is no dedicated administrative structure for monitoring subsidiarity, but the staff of the legal service is familiar with the subsidiarity monitoring procedures and maintains close relations with the services and structures of the Regional Executive for purposes of carrying out the subsidiarity check. Regional rules and procedures may be modified in the future, and the technical structures assisting the policy-making bodies may be strengthened.
Subsidiarity check
Nature (selective/systematic): Selective.
Procedure: the Legislative Assembly carries out subsidiarity checks of proposals for EU legislation which are listed at the European affairs session of the Assembly. During this session, the European Commission's annual work program is scrutinised, and initiatives considered to be of priority and relevant to the Region are identified. The Assembly's European affairs session thus serves as a political filter for identifying EU initiatives that should be subject to the upstream involvement mechanism, which includes checking for compliance with subsidiarity and proportionality.
The procedure for subsidiarity checks is laid down in Article 38 of the Legislative Assembly's Rules of Procedure. It stipulates that Committee I gives its view on compliance with the principle of subsidiarity and proportionality in the form of a resolution, taking into account the opinion of the relevant committees as well as inter-parliamentary and inter-institutional cooperation initiatives. There is a single procedure for checking both the subsidiarity and proportionality of EU legislation and for making comments on the merits/substance (Article 38(4) of the Rules of Procedure). Subsidiarity checks are generally completed within 20 days of receipt of the proposal by the Assembly. Irrespective of the 20-day deadline, efforts are also made to align the timeframe with the timeline for analysis of the same proposals by the National Parliament (Senate of the Republic and Chamber of Deputies).
Cooperation/coordination at the regional level
Coordination between the Legislative Assembly and the Regional Executive is a key issue for the Assembly. Discussions on subsidiarity are conducted both at policy and at technical level, with technical support from a dedicated Executive-Assembly inter-services working group. The latter begins operating at the European session phase and subsequently continues to ensure coordination each time an EU act or proposal is scrutinized, thus providing the essential link between the Executive and the Assembly. Lastly, Act 16/2008 contains two articles governing the circulation of information between the regional governments and legislative assemblies (Article 4) and spelling out the procedural rules (Article 13). Neither provision has been fully implemented. In addition to the official circuits, there are also informal channels that can occasionally be used, especially at the political level.
Cooperation/coordination at the central level
The mechanism for forwarding EU legislative proposals is laid down at the central level and has two separate channels for regional executives and assemblies.
Twice a week, the Legislative Assembly receives EU laws, EU draft legislative acts and preparatory acts from the Prime Minister's office via the europ@ database system, through the Conference of Presidents of Legislative Assemblies of the Regions and Autonomous Provinces. This forwarding mechanism was established by an agreement signed on 20 July 2009 between the Central Government and the Conference of Presidents of Legislative Assemblies of the Regions and Autonomous Provinces, implementing the provisions of Law No. 11 of 4 February 2005. The europ@ system is part of the Department for Community Policies portal, which can be accessed by institutions in order to make comments and assessments on all EU acts and documents, including those not forwarded via the lists.
As for the relations between national and regional parliaments, there is no regulated procedure for cooperation yet. Nevertheless, a system has recently been introduced by the Senate's 14th Committee for forwarding lists of EU proposals requiring a subsidiarity check via the Conference of the Presidents of the Legislative Assemblies of the Regions and Autonomous Provinces with a detailed schedule of the work of the parliamentary committees involved in the procedure.
The comments made by regional parliaments are sent to the committees in the Italian Parliament that are responsible for the subject-matter concerned by the European draft legislation and for European Affairs. These committees draft an opinion, which may refer to the position adopted by the regions.
Cooperation/coordination at the cross-regional level
The Legislative Assembly cooperates with other regional parliaments via the Conference of Presidents of the Legislative Assemblies of the Regions and Autonomous Provinces, a body that promotes the institutional role of the assemblies of the regions and autonomous provinces, and acts as a hub for coordination and exchange of experiences regarding the legislative assemblies' areas of interest. The cooperation exists both on a technical level - by participating in the working group on European affairs - and on a political level - through the participation of one Member of Parliament per regional parliament in the coordinating Committee of Chairs of European Affairs Committees. For further information, see here (IT).
Cooperation/coordination at the EU level
The Legislative Assembly participates in various information exchange schemes between European regional parliaments, such as CALRE (Conference of European Regional Legislative Assemblies). It also has contacts with several EU bodies. The Members of the European Parliament receive continuous information on the business of the Legislative Assembly, with all political documents adopted being forwarded. Moreover, the 2012 European session of the Legislative Assembly held a first formal hearing with members of the European Parliament in order to seek more active and sustained forms of contact and cooperation. The Legislative Assembly has contacts with the Committee of the Regions via the SMN and REGPEX. Finally, since 2007, the Legislative Assembly's Europe Direct centre has participated in the European Commission's European Direct information network.