Regulatory impact assessment (RIA) is mandatory for all major normative acts in Italy. Exemptions can be submitted for low-impact proposals, with a justification to be reviewed by the Department for Legal and Legislative Affairs (DAGL). In urgent case, simplified RIAs can be submitted for decree-laws, ensuring a minimum of information to support the decision-making. DAGL may issue a negative opinion to the State Secretary to the Presidency before the draft legislation is presented to the cabinet if the quality of any RIA is deemed inadequate. Policymakers are required to engage with stakeholders in the development of new rules. However, the scope of engagement remains discretionary and, in practice, only some primary laws and subordinate regulations undergo consultation with the general public. When ministries conduct public consultations, they are easily accessible via a single online access point. Ministries must also publish biannual legislative programmes, highlighting planned RIAs and consultations. The programmes are posted on central government and ministries’ websites.
Periodic ex post evaluation (EPE) is required for some selected laws and regulations, based on a mix of qualitative and quantitative criteria but in practice the final decision lies with political decision makers. Ministries are obliged to publish biennial evaluation plans setting out which measures they intend to review, which are subject to public consultation and review by DAGL.
DAGL, within the Presidency of the Council of Ministers, has overall responsibility for regulatory policy and reports annually to Parliament on the use of regulatory management tools. DAGL is supported by the Nucleo di valutazione dell’impatto della regolamentazione (NUVIR), which is in charge of reviewing ex ante (AIR) and ex post (VIR) impact assessment; evaluating selected proposals if requested by the Presidency of the Council of Ministers; supporting training and the definition of RIA and EPE methodologies. Co-ordinated by the Department for Digital Transformation and the Ministry for Economic Development, the Sperimentazione Italia programme, since 2020, allows for the temporary derogation of existing rules to test innovative initiatives in a controlled environment and to inform rule changes.
All primary laws/ ▲ Yes ■ Required ● Yes, there is a regulation and a policy
Major primary laws/ ● Yes, there is a regulation
Some primary laws/ ■ Not required but allowed ● Yes, there is a policy
Never/ ▲ No ■ Not allowed