The fourth Report for the Collection of national implementing rules is out: Collection of Italian implementing rules!
Although Italy has always been a major player in the context of the European Union (since the signature of the Treaty of Rome 1957), when it comes to the EFFORTS regulations it does not have a clear and efficient implementation strategy: “The general implementation strategy of not issuing implementing rules has been followed for the vast majority of the regulations covered by the EFFORTS project. This leaves the implementation work to practitioners; instruments to develop an implementation practice involve the (limited) case-law, the government’s communications and – mostly – application of rules of civil procedural law by way of direct application, adapted/adjusted application or, in limited cases, analogy. It is also worth noting that in the only case in which the Italian legislator decided to issue implementation rules (with the Legislative Decree no. 152/2020, relating to the Reg. (EU) No 655/2014), they substantially mirror the content of the government’s communication, with the result of changing the configuration of the implementation strategy but not its substance. The result, in fact, was to leave proposals for implementation to practitioners, in the same way it is for the other regulations hereby analyzed”.
The University of Milan EFFORTS Team covers the implementation of the EFFORTS regulation, with also an overview of the rules that govern enforcement of claims under Italian national procedural law.
For the collection of the implementing rules with the overall assessment of the UMIL EFFORTS Team read the Report on the Collection of Italian implementing rules here.