Il procedimento per l’approvazione degli atti normativi del Governo.

Abstract

The thesis focuses on the relationship between better regulation rules and the law making process of the Government. The thesis, made of four chapters, aims to link the inefficient regulation of the law making process with the poor quality of the final output, both for the primary regulation and for the bills to be submitted to the Parliament. It is hold to be true that the government drafting process should consider appropriate time in order to assess the consequences of the bill, should involve the stakeholders and, in general, should consent an aware evaluation of the policies to be drafted. The first chapter consists in a description of the high importance and of the large amount of the regulation drafted by the Italian Government. The second chapter summarizes and describes the current regulation of the drafting process of the executive. In the procedures analysis, three phases are identified: the work scheduling, the preliminary activities, and the cabinet approval. Each of the reported phase end with a formal act, namely the definition of the agenda, the submission to the cabinet and the cabinet approval. In the third chapter, various performance indicators to measure the compliance to the law making process rules are proposed and, in particular, the implementation of the regulatory impact analysis is highlighted. Moreover, data are presented in order to demonstrate the poor attention of the Government to the quality of regulation and to the transparency of the procedures. In the fourth chapter, the possibility to determine the constitutionality of a law basing on the respect of the law making rules is presented. Finally, it is suggested that the head of the State could deny the authorization to the publication of an act drafted in violation of the law making rules.