Autore: Bettini, Romano
Titolo: Ancora in tema di progettazione legislativa e copertura amministrativa delle leggi
Periodico: Studi parlamentari e di politica costituzionale
Anno: 1979 - Volume: 12 - Fascicolo: 46 - Pagina iniziale: 5 - Pagina finale: 22

Many researches indicate the year 1966 (date of the first and last Italian economic national Plan, a real dream-book) as the date of the beginning of an ever increasing gap between bills and their implementation. Recently this phenomenon has been called an inflation of "leggi manifesto", that is to say of bills without effectiveness, in spite of their proclamation of principles and programs of social relevance; from the moment of their approval they are without administrative coverage; the structure necessary to their implementation. Moreover old administrative structures have (often) not been provided with new means: is such cases laws lose their effectiveness, and one might say, by analogy, of "leggi manifesto" (paperized bills). The "leggi manifesto" have therefore not only a legislative, but also a cultural dimension. A remedy could be found (for the "leggi manifesto" and all legislative casualness) in serious bill drafting being interpreted as social engineering, forsight and analysis of needs and services, of their demand and supply. But the difficulties of a really rational bill drafting are well known, and are the same as those of the achievements of a Science of Legislation, a Science of Administration, a Science of Social Management, or of the object of Politics through Planning conceived by Mannheim. Bill drafting could be introduced by a bill, parliamentary statute or government order. Two points (interconnected) are crucial, in my opinion, for its institutionalization: a) to institutionalize the principle of administrative coverage of bills (similar to the already accepted principle of financial coverage). This could be introduced, alternatively, in a planned system, through the separation of the normative, abstract moment of legislation, from the planned provision, without which a bill remains ineffective; b) to institutionalize the role of Social Science in the legislative process. Social Sciences must become necessary and official interlocutors of the legislator, beyond a no longer admissible role of confidential consultant to the politicians. This is difficult, and to be introduced gradually. Probably the best way could be to reserve, for every new ad tempus bill, part of its financial coverage for social research into its results; or to scientific documents to accompany every periodical report to Parliament (such as reports on the conditions of Public Administration, of Judiciary Administration, on the economic situation of the Country, and the like)




SICI: 0303-9714(1979)12:46<5:AITDPL>2.0.ZU;2-K

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