Legal Framework of Decree Laws and Legislative Decrees

Decree Laws and Retroactive Legal Effects

• Once a decree is established as law, it may have a retroactive effect. If a decree-law contains a defect, it can be healed through subsequent legal validation.
• The decree-law operates within its specific field; ordinary law cannot infringe upon its scope. Retroactive effects serve as a mechanism for the initial repair of a decree. The law becomes retroactive upon the approval of the decree-law to resolve validity problems.

Constitutional Control of Decree Regulations

The Constitutional Court (TC) controls decree-laws as well as other regulations. Rules that function as laws or possess the force of law can be challenged in court. The TC must oversee the enabling budget to ensure it does not impinge on excluded matters, ensuring recognition and proper processing as a bill.

Legislative Decrees

Purpose and Justification

The utility of these decrees lies in the complexity or difficulty of the content. When text is extremely broad or technically complex, it is developed and approved based on specific technical criteria.

It is difficult for courts to regulate rules containing hundreds or thousands of items. Therefore, the government follows specific criteria, making it easier for the courts by delegating the preparation of the text to the executive body. Example of a legislative decree: The Highway Code.

Procedure and Implementation

The courts establish the foundations and principles, while the government regulates and develops them. The government is responsible for deploying the catalog of possible behaviors as directed by the courts.

The Technique of Legislation

• Parliamentary Delegation: Parliament delegates the power to the government via law to dictate a standard with legal status.
• Government Approval: The government approves the rule in accordance with the directions of the courts.
• Legislative Decree: The standard adopted by the government is formally called a Legislative Decree.

This serves as a way to decongest the legislative courts through delegation.

Delegation and Decongestion

Delegation of the legislative task is granted by law and exercised by the government. It produces a rule with the force of law on behalf of the courts.

Limitations on Delegated Power

Limitations are necessary to avoid "blank" ratings and prevent the government from using delegation for unauthorized purposes. There are two types of limits:

• Limits on the Power to Delegate: Delegation must be expressly granted by the courts through law, must cover a specific subject, must be limited in time, and cannot be sub-delegated.
• Material Limits: Matters that cannot be delegated are contained in Article 82 of the EC. These include subjects in Article 81 (areas reserved for Organic Laws, or state budget standards with unique or special procedures).