Do ministries or regulatory agencies develop forward regulatory plans – that is, a public list of anticipated regulatory changes or proposals intended to be adopted/implemented within a specified time frame?
Yes, throughout government
Through the government election program called "Delibera n.1 Consiglio Grande e Generale," which is the first parliamentary resolution of a legislature.
Do ministries or regulatory agencies publish the text or summary of proposed (not yet adopted) regulations before their enactment?
Yes, in some ministries/regulatory agencies only
Ministries share drafts of regulations before their adoption, sometimes with conference meetings with employer associations and labor unions. Third party agencies such as the Central Bank (BCSM) and the Financial Intelligence Agency (AIF) publish draft instructions.
Where is the draft text or summary published?
On a unified website where all proposed regulations are published; directly distributed to interested stakeholders.
The proposed regulation is distributed via e-mails and "de visu" meetings with ministry staff or with the ministers.
Do ministries or regulatory agencies have the legal obligation to publish the text of proposed regulations before their enactment?
Yes, throughout government
There is a two-step process, the first step being "I lettura" where a parliamentary commission examines the draft text and then the second stage called "II lettura" where approval is made.
Qualified Law n. 2/2014 (Modifiche alla legge 11 marzo 1981 n. 21 - Riforma del Regolamento del Consiglio Grande e Generale).
Is the entire text of the proposed draft published?
Yes, throughout government
There is a two-step process, the first step being "I lettura" where a parliamentary commission examines the draft text and then the second stage called "II lettura" where approval is made.
Is there a period of time set by law for the text of the proposed regulations to be publicly available?
Yes
Law no. 21 of 1981 (Riforma del Regolamento del Consiglio Grande e Generale); Qualified Law no. 2 of 2014 (Modifiche alla legge 11 marzo 1981 n. 21 - Riforma del Regolamento del Consiglio Grande e Generale)
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Do ministries or regulatory agencies solicit comments on proposed (not yet adopted) regulations from the general public?
Yes, in some ministries/regulatory agencies only
There are no public consultations that involve the public.
How are the comments received?
Through targeted outreach to stakeholders, such as business associations or other groups; through email; through mail/courier.
Stakeholders who are institutionally recognized and directly involved in the matter are identified as interested stakeholders.
Are received comments publicly accessible?
No
Is the rulemaking body required by law to solicit these comments on proposed regulations?
No
Is there a specialized government body or department tasked with soliciting and receiving these comments?
Do ministries or regulatory agencies report on the results of the consultation on proposed regulations?
No
How does the government report on the results of the consultation?
n/a
Where does the government report on the results of the consultation?
n/a
Is reporting on the results of the consultation required by law?
No
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Do ministries or regulatory agencies conduct an impact assessment of proposed (not yet adopted) regulations?
No
Are there criteria used for determining which proposed regulations are subjected to an impact assessment?
No
Are there any specific regulatory impact assessment guidelines?
No
Are impact assessments required by law?
No
Are impact assessment made publicly available?
No
How is this assessment distributed?
n/a
When is this assessment distributed?
n/a
Is there an obligation for regulators to consider alternatives to proposed regulation?
No
Is there a specialized government body tasked with reviewing and monitoring regulatory impact assessments conducted by other individual agencies or government bodies?
No
Please provide the name of this government body, and explain its functions.
n/a
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Are the laws that are currently in effect available in a single place?
Are the secondary regulations that are currently in effect codified and available in a single place?
Yes
Are these websites or registries updated regularly?
Yes
Can these websites or registries be accessed by the public free of charge?
Yes
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Do ministries or regulatory agencies conduct ex-post reviews?
No
Are there any criteria for which regulations are subject to ex-post reviews?
No
What specific approaches are used by your government?
n/a
Are ex-post reviews required by law?
No
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Can affected parties request reconsideration or appeal adopted regulations to the relevant administrative agency?
Yes
When appealing against adverse regulatory decisions, which options are typically available to affected parties?
Judicial review Constitutional review as well as referendum (laws and acts can be submitted to a referendum to abrogate them, even in part, pursuan...
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Judicial review Constitutional review as well as referendum (laws and acts can be submitted to a referendum to abrogate them, even in part, pursuant to art. 2 Law 29 October 1981, n. 82).
Stakeholders could urge the legislator to amend the regulations.
Is there any existing requirement that regulations be periodically reviewed to see whether they are still needed or should be revised?
