La qualità della legislazione nel sistema costituzionale: il contributo del Comitato per la legislazione della Camera e del Senato

Abstract

Legal certainty and quality of legislation are still controversial issues within Constiutional System. The A. take into consideration the rules governing the establishment and functioning of the Committees on Legislation of the Italian Chamber of Deputy and of the Italian Senate. Those Committees are parliamentary bodies in charge of functions capable to mainstream criteria and principles concerning the quality of legislation within the excercise of the Legislative Function by the Italian Parliament. The A., first of all, takes into account parliamentary “practices” of the two Committees to “compare” them. Secondly, the A. observes the importance that the deliberations of the Committee for Legislation of the Chamber of Deputy has already gained in the exercise of constitutional powers of safeguard of the constitutional legality pertaining to other Constitutional bodies: the Constitutional Court and the Head of State. The analysis leads to the conclusion that the effectiveness of the deliberations taken by the two Committees on Legislation cannot be measured only in numerical terms or percentages relating to the rate of transposition of them into the deliberations taken by the Chambers of the Italian Parliament. On the contrary, to perceive the relevance of the contribution of the Committes of legislation in the enforcement of the general principle of certainty of law through the excercise of funcions related to the quality of legislation it is necessary to consider the contribution of other constitutional bodies.