Participation in Rulemaking in Italy

Abstract

In Italian law there are no general statutory provisions requiring participation of interested parties in rulemaking procedures. However, specific provisions, requiring various forms of participation for some kinds of procedure or for some authorities, are increasing in number. After describing some relevant features of the Italian legal system and accounting for the legal regime of rulemaking, this paper briefly provides a short overview of the relevant law and considers the reasons for not having general statutory provisions and the reasons for the rise of participation practices. In conclusion, it brings to the attention some recent developments, which could restrict or jeopardize participation in rulemaking.

Keywords: Italian administrative law, Rulemaking, Administrative procedure