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Italy: Legislation in the Event of Brexit Takes Effect

(May 21, 2019) On March 23, 2019, new legislation addressing the potential effects of Brexit entered into force in Italy. (Decree-Law No. 22 of March 25, 2019, Urgent Measures to Ensure Safety, Financial Stability and the Integrity of Markets as well as the Protection of the Health and Freedom of Residence of Italian Citizens and […]

Italy: Law Regulating Duration of Administrative Processes Ruled Unconstitutional

(May 17, 2019) On February 6, 2019, the Italian Constitutional Court declared article 54, paragraph 2 of Decree-Law No. 112 of June 25, 2008 unconstitutional because the provision establishes an excessive duration for administrative procedures. In its decision, the Court highlighted that all legal procedures must have a reasonable duration. By declaring this provision unconstitutional, […]

Italy: Legal Provision Not Allowing Home Detention Ruled Unconstitutional

(May 16, 2019) On April 19, 2019, the Italian Constitutional Court declared unconstitutional article 47-ter, paragraph 1-ter of Law No. 354 of July 26, 1975, because it failed to provide for humanitarian home detention for convicted prisoners experiencing supervening serious mental illnesses. (Decision No. 99 of April 19, 2019, Issued in a Constitutional Legitimacy Case […]

Italy: New Law Aiding Reconstruction Following Earthquakes Takes Effect

(May 10, 2019) On April 19, 2019, new legislation on public procurement and on aiding the recovery of areas hit by earthquakes entered into force in Italy. (Decree Law No. 32, Urgent Provisions for Revitalizing the Public Contracts Sector, [and] for Accelerating Infrastructure Interventions, Urban Regeneration and Reconstruction After Seismic Events) (D.L. No. 32), GAZZETTA […]

Italy: Constitutional Court Issues Decision on Illicit Trafficking and Possession of Drugs or Psychotropic Substances

(Apr. 15, 2019) On March 13, 2019, the Italian Constitutional Court issued a decision on the production, trafficking, and illicit possession of narcotic and psychotropic substances, declaring part of article 73(1) of Presidential Decree No. 309 of 1990 (D.P.R. No. 309) unconstitutional in that it set the minimum sentence for such crimes at eight years of […]

Italy: New Anti-Corruption Legislation Comes into Force

(Feb. 26, 2019) On January 31, 2019, new legislation introducing amendments to the Italian Criminal Code aimed at preventing and punishing corruption involving public agencies entered into force. (Law No. 3 of January 9, 2019, Measures to Combat Crimes Against the Public Administration, as well as on the Statute of Limitations for Crimes and the […]

Italy: Measures for Simplification of Companies and Public Administration Take Effect

(Feb. 5, 2019) On December 12, 2018, new measures to simplify public administration and promote the economy entered into force in Italy. (Decree-Law No. 135 of December 14, 2018, Urgent Provisions on Supporting and Simplifying Companies and Public Administration) (D.L. No. 135), GAZZETTA UFFICIALE (G.U.), Dec. 14, 2018, G.U. website (in Italian).) Support for Small […]

Italy: EU Regulation on the Abuse of Markets Implemented

(Jan. 15, 2019) On September 29, 2018, new legislation implementing an EU regulation concerning the abuse of markets entered into force in Italy. (Legislative Decree No. 107 of August 10, 2018, Provisions Adapting Domestic Legislation to the Provisions of EU Regulation No. 596/2014 on the Abuse of Markets and Repealing Directives 2003/6/CE, 2003/124/UE, 2003/125/CE and […]

Italy: Right to Strike in Essential Public Services

(Oct. 2, 2018) On July 27, 2018, the Italian Constitutional Court issued a decision incidentally on the constitutional legitimacy of the right to strike by certain government employees (in this case, public defenders) providing essential public services. (Decision No. 180 of July 27, 2018, Issued in a Constitutional Legitimacy Case by Incidental Procedure (the Decision), […]