Royal Decree (Italy)

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The Royal Decree (regio decreto rd) is a legal act in the Italian legal system that is currently in force but no longer enforceable, passed by the Council of Ministers and promulgated by the King during the Kingdom of Italy .

The political and administrative requirements since the unification of Italy have led the government to issue a royal decree with legal norms that fell within the competence of the legislature . In the absence of any law providing for these powers, case law as to the legal effectiveness of the relevant provisions prior to their ratification by Parliament remained highly controversial. It was not until 1926 that a law (Law No. 100 of January 31, 1926) was passed regulating the powers of the executive to enact legal norms.

Article 3 of this law provided that by royal decree, after consultation with the Council of Ministers, in exceptional cases and if it was necessary for urgent and absolutely necessary reasons, legally binding ordinances could be issued, provided that the same decree of one of the two chambers within the third session after its Publication for conversion has been submitted. The decree, which had not been converted into law within two years of its publication, ceased to be in force on the expiry of that period. Royal legislative decrees that were not repealed by later regulations and are compatible with the republican constitution remain in force in the Italian Republic .

Individual evidence

  1. Sometimes referred to as “regio decreto legge”