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Italy: Law to Establish Compliance with European Union Obligations Enacted

(June 17, 2019) On May 25, 2019, new legislation establishing measures for Italy to comply with obligations arising from its European Union (EU) membership was enacted in Italy. (Law No. 37 of May 3, 2019, Provisions for Compliance with the Obligations Deriving from Italy’s Membership in the European Union – European Law 2018) (Law No. 37), GAZZETTA UFFICIALE [G.U., OFFICIAL GAZETTE], May 5, 2019, G.U. website (in Italian).)

EU Member States, in exchange for being part of the EU, agree to comply with EU directives on matters falling within the EU’s competence to regulate. Italy has adopted a procedure for bringing its domestic legislation in compliance with EU law in which it periodically passes an omnibus “European Bill” that amends multiple provisions at a time to implement EU acts, brings Italian legislation into compliance with rulings of the EU Court of Justice, and the like. (See Transposition of European Legislation, SENATO DELLA REPUBBLICA [ITALIAN SENATE] (last visited June 14, 2019).) Law No. 37 is the European Law for the year 2018.

Professional Regulations

Law No. 37 clarifies the definition of a “legally established EU citizen” to mean a EU citizen who complies with the legal requirements established in the host EU country to exercise a specific profession. (Law No. 37, art. 1(1)(a).) The Law also includes a provision to harmonize Italian law on the field of mediation with applicable EU law. (Id. art. 2(1).) Additionally, the Law includes rules for foreign language interpreters. (Id. art. 3(1).)

Amendments to the Public Procurement Code

The legislation amends the Code of Public Procurement, particularly concerning the payment of liquidated damages under commercial contracts. (Id. art. 5(1).) It also addresses public procurement contracts, which must now establish penalties for a public contractor’s delay in executing contractual obligations in an amount commensurate to the number of days of the delay and the amount of the contract or contractual obligations. (Id. art. 5(4).)

Specific Denominations for Specific Merchandise

The legislation delegates to the government the responsibility for issuing new provisions concerning the use of several technical terms, including “leather,” “skin,” “fur” and other synonyms. (Id. art. 7(1).)

Civil Liability for Spent Fuel or Radioactive Waste

Other miscellaneous provisions concern the primary liability and ultimate liability of spent-fuel or radioactive-waste producers for damage they cause through violating their obligations in managing radioactive materials. (Id. art. 18(1).)

Modifications Relating to European Arrest Warrant Delivery Procedure Among State Members

Law No. 37 implements EU legislation concerning the EU arrest warrant, in particular the 2006 agreement between the EU, Iceland, and Norway that the EU arrest warrant applies within the framework of Italian constitutional law concerning fundamental rights and freedoms. (Id. art. 8(1).)

Other Provisions Implementing EU Legislation

The new Law enacts provisions implementing EU legislation in Italy regarding the statute of limitations for enforcing customs obligations (id. art. 12(1)) and participating in auctions of greenhouse gas emissions quotas (id. art. 13(1).) It also enacts measures to implement EU legislation concerning copyrighted materials and the rights of visually disabled persons (id. art. 15(1), manufacturing practices for medicinal products for human use (id. art. 16(1)), in vitro diagnostic medical devices (id. art. 17(1)), and waste electrical and electronic equipment (WEEE) (id. art. 19(1)).