TITLE I

PRELIMINARY PROVISIONS

Rule 1

CONFERMENT OF SENATORIAL PRIVILEGES AND RIGHTS - SENATORIAL DUTIES

1. Senatorial privileges and full senatorial rights shall be conferred by the mere fact of being elected or appointed to the Senate, becoming effective as soon as the election result is declared, if elected, or the appointment is notified, if appointed.

2. Senators shall be required to attend the sittings in the Senate, and to take part in the work of committees.

Rule 2

INTERIM ACTING BUREAU

1. The first sitting of the Senate following an election shall be provisionally presided over by the oldest Senator.

2. The six youngest Senators attending the first sitting shall act as Secretaries.

Rule 3

THE INTERIM COMMITTEE FOR THE VERIFICATION OF CREDENTIALS - DECLARATION OF SUCCEEDING SENATORS

1. After installing the Interim Acting Bureau, the President shall announce the names of the candidates succeeding any elected members who have opted to serve in the Chamber of Deputies.

2. The President shall immediately convene the Interim Committee for the Verification of Credentials to verify credentials.

3. The Interim Committee shall comprise the members of the Select Committee on Elections of the previous Parliament attending the first sitting. If there are fewer than seven members, the President shall draw lots to appoint new members to reach the number of seven. The Interim Committee shall be chaired by the oldest member, while the youngest shall act as secretary.

TITLE II

INSTALLATION OF THE INTERIM BUREAU

Rule 4

ELECTION OF THE PRESIDENT

Having completed the formalities required by the Rules in Title I, the Senate shall proceed to elect the President by secret ballot. The candidate obtaining an absolute majority of votes of the members of the Senate shall be elected. If no candidate secures an absolute majority after two ballots, a third ballot shall be held the following day, for which the successful candidate must obtain an absolute majority of the votes cast, counting blank ballot papers as votes cast. If no candidate secures such majority in the third ballot, a runoff ballot shall be held on the same day to decide between the two candidates obtaining the largest number of votes in the previous ballot, after which the candidate securing the largest number of votes, even if with a relative majority, shall be declared elected. In the event of a tied vote, the older of the two candidates shall be elected or entered for the runoff ballot.

Rule 5

ELECTION OF THE OTHER SENATE OFFICERS

1. Following the election of the President, at the next sitting the Senators shall elect four Vice Presidents, three Quaestors and eight Secretaries.

2. Each Senator shall write on their ballot papers the names of two candidates as Vice Presidents, two as Quaestors, and four as Secretaries.
The nominees obtaining the largest number of votes shall be declared elected.

2-bis. In order to ensure more adequate representativeness of the Bureau, Parliamentary Groups not represented therein may request that more Secretaries be elected. A decision on such request shall be made by the Bureau. No more than two further Secretaries may be elected.

2-ter. The President shall set the date of the ballot to elect the Secretaries under paragraph 2-bis above. Each Senator may only write one name on the ballot paper. One Senator per Group shall be elected, provided that such Senator obtains the largest number of votes and belongs
to a Group the request of which was upheld by the Bureau.

2-quater. A Secretary elected under paragraphs 2-bis and 2-ter above who joins a Parliamentary Group other than the one of which such Senator was a member at the time of his or her election as Secretary shall lose such office.

3. In a by-election to fill up to two vacancies, each Senator shall write one name on the ballot paper; when more than two vacancies are to be filled, each Senator shall write a number of names equal to one-half the number of vacant seats, rounded up to the nearest whole number. The Senators obtaining the most votes shall be declared elected.

4. In the event of a tied vote, the oldest candidate shall be elected.

Rule 6

COUNTING BALLOT PAPERS FOR THE ELECTION OF BUREAU MEMBERS

1. The ballot papers cast for the election of the President shall be counted in public by the Interim Ad-Hoc Bureau.

2. The ballot papers cast in the elections under Rule 5 above shall be counted immediately by eight Senators chosen by lots. Five Senators are needed for the ballot paper count to be deemed valid.

Rule 7

THE BUREAU

As soon as the Bureau has been duly constituted, the President shall notify the President of the Republic and the Chamber of Deputies.

TITLE III

POWERS OF THE MEMBERS OF THE BUREAU

Rule 8

POWERS OF THE PRESIDENT

The President represents the Senate, regulates the work of all its offices, and ensures compliance with the Rules. The President shall therefore chair the debates and maintain order, decide whether or not any texts are admissible, give the floor to Senators wishing to speak, put questions to the vote, decide on the voting order, and announce the results. The President shall oversee the work of the Quaestors and the Secretaries. The President shall be responsible for issuing instructions to ensure the smooth operation of the Senate Administration.

Rule 9

POWERS OF THE VICE PRESIDENTS

1. The Vice Presidents shall deputise for the President to chair debates and represent the Senate at official ceremonial events.

2. The President of the Senate shall appoint a Vice President to deputise when temporarily prevented from acting.

Rule 10

POWERS OF THE QUAESTORS

The Quaestors shall act on the instructions of the President with joint oversight in the matter of policing, Senate services and protocol; they shall draw up the Senate budget and accounts, and manage Senate funds, even on an individual basis in the cases provided by the Rules of the Administration.

Rule 11

POWERS OF THE SECRETARIES

1. The Secretaries shall oversee the drafting of the minutes of public sittings, and draft the minutes of in camera sittings; they shall record the names of Senators registered to speak; read out the minutes and, at the request of the President, any other text or document that has to be announced to the Senate; call the roll; check the voting results; ensure the accuracy of the minutes of sittings, draft the minutes of Bureau meetings, and generally assist the President in ensuring the smooth transaction of business in the Senate.

2. Where necessary, the President may also call upon one or more Senators present on the Senate floor to act as Secretary.

Rule 12

POWERS OF THE BUREAU - EXTENSION OF POWERS

1. The Bureau, chaired by the President of the Senate, shall adopt the draft Senate budget, changes to budgetary item allocations and the accounts; it shall adopt the Library Rules, and the Senate Historical Archives Rules; it shall decide on the penalties provided by Rule 67(3) and (4) below against Senators; it shall appoint a nominee of the President to serve as Secretary-General of the Senate; it shall adopt the Rules of the Administration, and measures relating to the personnel in all cases where these Rules so provide, and shall examine all other matters referred to it by the President.

2. Meetings of the Bureau held pursuant to Rule 67(3) and (4) below shall be attended by those Leaders of the Parliamentary Groups none of whose members sit on the Bureau.

3. After a general election the Bureau shall remain in office until the first sitting of the new Senate.

Rule 13

DISQUALIFICATION FROM THE BUREAU

Senators appointed to serve in Government shall be disqualified from membership of the Bureau.

TITLE IV

PARLIAMENTARY GROUPS

Rule 14

COMPOSITION OF PARLIAMENTARY GROUPS

1. Every Senator shall belong to a Parliamentary Group.

2. Within three days of the first sitting, each Senator shall notify the President of the Senate of the Group which they intend to join.

3. Senators entering the Senate during the course of a Parliament shall notify the President of the Senate of the Group they intend to join within three days of being proclaimed elected in the case of elected Senators, or of the date of their appointment in the case of Life Senators and ex officio Senators.

4. Each Group shall comprise at least ten Senators. Senators not wishing to belong to one particular Group shall join the Group of Non-Attached Members.

5. The Bureau may authorise the formation of a Group with fewer than ten members provided that it represents a party or an organised movement in Italy which has submitted its own lists of candidates for the elections to the Senate in at least fifteen Regions, using the same party symbol, and whose candidates have been elected in at least three Regions, provided that such Group comprises at least five Senators, even if elected under different party symbols.

6. When membership of a duly constituted Group falls to below ten during the course of a Parliament, the Group shall be declared dissolved and any Senators formerly belonging to it who have not joined another Group within three days of the dissolution shall be registered as members of the Group of Non-Attached Members, notwithstanding the right of the Bureau under paragraph 5 above.

Rule 15

CONVENING AND FORMING GROUPS

1. Within seven days following the first sitting of the Senate, the President shall convene the Senators who have declared their intention to join the Groups and the Senators to be registered as Non-Attached Members.

2. Each Group shall be established by submitting to the President of the Senate the list of their members signed by the Leader of the Group, who shall be appointed at the meeting convened pursuant to the provisions of paragraph 1 above. Each Group shall also appoint one or more Deputy Leaders and one or more Secretaries from among their members. These appointees, any changes to these appointments and any changes in the composition of the Parliamentary Group shall be notified to the President of the Senate.

3. During the life of a Parliament, new Parliamentary Groups may be constituted.

Rule 16

PARLIAMENTARY GROUP PREMISES, FACILITIES AND ENDOWMENTS

In order to perform their functions, Parliamentary Groups shall be provided with premises and facilities, and contributions from the Senate budget, varying according to the size of the membership of each Group.

TITLE V

SELECT COMMITTEES ON RULES; SELECT COMMITTEE ON ELECTIONS AND PARLIAMENTARY IMMUNITY; SELECT COMMITTEE ON LIBRARY AND HISTORICAL ARCHIVES

Rule 17

APPOINTMENT OF MEMBERS OF THE SELECT COMMITTEE ON RULES, THE SELECT COMMITTEE ON ELECTIONS AND PARLIAMENTARY IMMUNITY, AND THE SELECT COMMITTEE ON THE LIBRARY AND THE HISTORICAL ARCHIVES

As soon as the Parliamentary Groups have been established, the President shall appoint the members of the Select Committee on Rules, the Select Committee on Elections and Parliamentary Immunity and the Select Committee on the Library and the Historical Archives, announcing this to the Senate.

Rule 18

SELECT COMMITTEE ON RULES

1. The Select Committee on Rules shall comprise ten Senators, and be chaired by the President of the Senate.

2. In view of the circumstances and after receiving the opinion of the Select Committee, the President may appoint up to four more members in order to render it more representative.

3. It is the responsibility of the Select Committee on Rules to introduce or consider any proposed amendments to the Rules and express an opinion on matters relating to the interpretation of the Rules, if so requested by the President of the Senate.

Rule 19

SELECT COMMITTEE ON ELECTIONS AND PARLIAMENTARY IMMUNITY

1. The Select Committee on Elections and Parliamentary Immunity shall comprise twenty-three Senators and be chaired by a Senator elected by the Committee from among its members.

2. Senators appointed by the President of the Senate to membership of the Committee may not decline, and may not resign. The President of the Senate may replace any member of the Committee who, for serious reasons, is unable to attend the sittings of the Committee for a long period of time.

3. If the Committee fails to meet for more than one month despite it being repeatedly convened by the President, the President of the Senate shall renew its membership.

4. The Committee shall verify the credentials of Senators and any grounds disqualifying them from membership, pursuant to the provisions of the relevant Rules; if so requested, it shall report to the Senate on any irregularities in the general election that it may identify in the course of verifying credentials.

5. It is also the responsibility of the Committee to examine any court requests to prosecute a Senator pursuant to Article 68 of the Constitution, and to report to the Senate on any documents served by the judicial authorities seeking authorisation to prosecute a Senator for the crimes under Article 96 of the Constitution, and any requests for authorisation to prosecute a Senator under section 10(1) of the Constitution Amendment Act no. 1 of 16 January 1989.

6. The Rules for verifying credentials referred to in paragraph 4 above shall be proposed by the Select Committee on Rules, after consultation with the Select Committee on Elections and Parliamentary Immunity, and shall be adopted by the Senate with an absolute majority vote of its members.

Rule 20

THE SELECT COMMITTEE ON THE LIBRARY AND THE HISTORICAL ARCHIVES

The Select Committee on the Library and the Historical Archives shall comprise three Senators. This committee shall be responsible for overseeing the Senate Library and Historical Archives and shall submit to the Bureau the Rules of these and any amendments thereto.

TITLE VI

STANDING, SPECIAL AND JOINT COMMITTEES

Rule 21

FORMATION AND RENEWAL OF STANDING COMMITTEES: APPOINTMENTS BY THE GROUPS

1. Within five days of its establishment, each Group shall appoint one representative for every thirteen members, notwithstanding the provisions of paragraph 4-bis below, to each of the standing committees listed in Rule 22 below.

2. Groups having fewer Senators than the number of standing committees may appoint a Senator to sit on up to three committees to ensure representation on the largest number of standing committees.

3. Senators who have not been appointed to a standing committee following the distribution of seats provided by paragraph (1) above shall be distributed among the standing committees by the President of the Senate, acting on the proposals of the Groups to which they belong to ensure that, as far as possible, each committee may reflect the proportions between all the Groups in the Senate.

4. Any Senator appointed to Government office or to serve as the Chairperson of the 14th Standing Committee shall be replaced on the Committee by his Group with another Senator, who shall continue to serve as a member of his/her original committee.

4-bis. Senators appointed to the 14th Standing Committee shall be members also of another standing committee. Each Parliamentary Group may therefore appoint their representatives to the 14th Standing Committee only after the appointment of the members of all other committees. The President of the Senate shall promote the necessary agreements to ensure that the composition of the 14th Standing Committee complies as far as possible with the proportionality criterion, and comprises three Senators belonging to the 1st, 3rd and 5th Standing Committees and two Senators belonging to each of the other standing committees.

5. Save in the cases provided by paragraphs 2, 4 and 4-bis below, no Senator shall belong to more than one standing committee.

6. The President shall announce to the Senate the names of the members of the standing committees.

7. The standing committees shall be renewed after the first two-year period of each Parliament, and their membership may be reconfirmed.

Rule 22

STANDING COMMITTEES - POWERS

1. Each standing committee has powers by subject matter, as follows:

1 - Constitutional Affairs, Prime Ministerial and Home Affairs,

General Organisation of the State and the Civil Service;

2 - Judiciary;

3 - Foreign Affairs, Emigration;

4 - Defence;

5 - Economic Planning, the Budget;

6 - Finance and Treasury;

7 - Education, Cultural Property, Scientific Research,

Entertainment and Sport;

8 - Public Works, Communications;

9 - Agriculture and Agrifood Production;

10 - Industry, Trade, Tourism;

11 - Labour and Social Security;

12 - Health;

13 - Environment, Environmental Property and Land.

14 - European Union Policies.

Rule 23

COMMITTEE ON EUROPEAN UNION POLICIES

1. The Committee on European Union Policies shall have overall responsibility on domestic legislation emanating from activities and measures of the European Union and the EU institutions, and the implementation of Community agreements. The Committee shall also have responsibility in respect of compliance with obligations following European law. The Committee, in so far as it lies within its powers, shall also be responsible for relations with the European Parliament and with the Conference of Community and European Affairs Committees of Parliaments of the European Union.

2. The Committee shall consider the European Union Bill and report to the Senate thereon.

3. The Committee shall issue an opinion - or, in the cases provided by Rule 144(3) below, submit comments and proposals - on Government bills and draft measures regarding the implementation of the treaties of the European Union, and any later amendments thereto, or on the transposition of Community legislation and, in general, on all bills that may give rise to major problems of compliance with Community law, and examine the business and reports provided by Rule 142 below. In particular, the Committee shall express its opinion or submit comments and proposals on these measures with regard to relations between the Regions and the European Union, pursuant to Article 117(3) of the Italian Constitution; participation of the Regions and the Autonomous Provinces in the framing and implementation of EU legislation, pursuant to Article 117(5) of the Constitution; the management of cases and procedures under which Regions may conclude agreements with States or local authorities of other Member States of the European Union, pursuant to Article 117(9) of the Constitution; and compliance with the principle of subsidiarity in relations between the European Union and Central and Regional Governments, pursuant to Article 120(2) of the Constitution. The Committee shall also exercise the powers specifically vested in it by these Rules.

Rule 24

SPECIAL COMMITTEES

Whenever the Senate resolves to establish a Special Committee, the President shall determine its composition and proceed to establish such Committee based on appointments by Parliamentary Groups and in compliance with the proportionality criterion.

Rule 25

ESTABLISHMENT OF COLLEGIATE BODIES

1. Unless otherwise provided by law or by these Rules, for the election of members to the Collegiate Bodies, each Senator shall vote for two thirds of the members to be appointed not counting any fractions less than one-half of a whole number; when fewer than three members are to be elected, each Senator shall vote for one person only. The successful candidates shall be those obtaining the largest number of votes. In the event of a tied vote, the final paragraph of Rule 5 shall apply.

2. Ballots shall be counted by three Secretaries appointed by the President. Rule 11(2) above shall apply.

3. When electing members to the Collegiate Bodies which, by law or under these Rules are required to reflect the proportions of the Parliamentary Groups, the Bureau shall notify the Groups of the number of places reserved for each one of them according to this criterion, requesting them to submit a list of nominations matching that number. On the basis of such nominations, the President shall compile a list for submission to the Senate to be put to a secret vote.

4. The provisions of the paragraphs above shall also apply, as far as possible, to by-elections.

5. The Senate may vest the President with powers to appoint all or any of the members to serve on the Collegiate Bodies.

Rule 26

JOINT COLLEGIATE BODIES

1. When establishing joint collegiate bodies, the President of the Senate shall conclude an agreement with the Speaker of the Chamber of Deputies to ensure representation of the largest number of Parliamentary Groups in each House of Parliament, in compliance with the principle of proportionality.

2. When a joint collegiate body is established in the Senate, its proceedings shall be governed by the Senate Rules.

Rule 27

ELECTION OF COMMITTEE BUREAUS

1. At its first sitting, a committee shall elect a Chairperson, two Deputy Chairpersons and two Secretaries.

2. The provisions of Rule 4 above shall also apply to the election of the Chairperson.

3. For the election of the two Deputy Chairpersons and the two Secretaries, each member of the committee shall write the name of only one candidate on the ballot paper. The successful candidate shall be the one obtaining the largest number of votes. In the event of a tie, the oldest candidate shall be elected. The same provisions apply to by-elections.

Rule 28

COMMITTEE REMITS

A committee may sit in a legislative capacity to consider and pass bills, in a drafting capacity to consider and pass individual articles of bills to be referred to the Senate for the final vote, in a reporting capacity to consider bills or other business to be reported to the Senate, or in an advisory capacity to issue opinions on bills or other business referred to other committees. A committee may also meet to consider or make decisions on business which is not to be reported to the Senate, question government officials, receive or debate Government communications, gather information or conduct fact-finding inquiries.

Rule 29

CONVENING COMMITTEES

1. Committees shall be convened for the first time by the President of the Senate for their formal establishment. They shall subsequently be convened by their Chairpersons, who shall enclose the agenda for the meeting with the notice.

2. A Committee's Bureau, which shall comprise the Group Leaders, shall draft the programme and calendar of business for each committee sufficiently in advance to ensure prior consideration of bills and other measures included in the Senate programme and calendar. The Committee Bureau may, at the request of at least one-fifth of the members of the committee, place a particular item on the agenda of the meeting, without prior notice, even if such item was not included in the programme of business.

2-bis. The programme and calendar of business of each committee shall also be drafted to ensure that preparatory documents for European Union legislation published in the Official Journal or notified by the Government may be scrutinised in a timely manner.

3. At the end of each sitting, the Chairperson of the committee shall normally announce the date, time and agenda for the following sitting. The agenda shall be printed and published.

4. If the notice convening the following meeting is not announced at the end of the sitting according to the provisions of paragraph 3 above, the agenda shall be printed, published and served on each member of the committee by no later than 4 hours before the next sitting. When the committee is sitting in a legislative or drafting capacity, the agenda must be served 48 hours beforehand.

5. Meetings of committees in a legislative and drafting capacity held when the Senate is in recess shall be announced by the President of the Senate at the last session of the Senate before parliament is adjourned, indicating the date and the agenda of the committee meetings, and serving the agenda for the meeting on all the Senators, normally at least three days before the date of the sitting.

6. Committees may also be convened in special session to consider specific matters at the request of the President of the Senate, also following a request of the Government. The President of the Senate may also request the cancellation of convened meetings when this is deemed necessary in relation to the business of the whole Senate.

7. When the Senate is in recess, at the request of one-third of its members, a committee may be convened to discuss specific issues. Such sitting shall be held within 10 days of the date of the request.

8. When the Senate is sitting, any committee acting in a legislative capacity or in a drafting capacity shall adjourn whenever requested to do so by the President of the Senate or by one-third of the Senators present on the committee.

Rule 30

COMMITTEE QUORUMS - QUORUM CALLS

1. The quorum required for a committee sitting in a legislative capacity or in a drafting capacity, when convened to debate and resolve on matters which do not need to be reported back to the Senate, and in the cases provided by Rule 27 above, shall be the majority of the members of the committee, as per quorum call ordered by the Chairperson at the beginning of the sitting. In other instances, a quorum call shall not be necessary.

2. A quorum is always assumed to be present when decisions are made. However, the Chairperson shall order a quorum call when the first vote by show of hands after the closure of the general debate is held, and before any such subsequent vote if a Senator requests a quorum call.

3. When a quorum call is ordered, a majority of the members of the committee shall be required to be present for any decisions made at sittings under paragraph 1 above to be valid. In all other cases it is sufficient for one third of the members to be present.

4. The Chairperson may order a quorum call, before putting to the vote a proposal for the passage of which a majority of committee members is required to be in favour.

5. In default of a quorum, the Chairperson shall order a 20-minute adjournment. On reconvening, the committee shall be governed by the rules applying to sittings of the whole Senate.

Rule 31

ATTENDANCE BY SENATORS AT COMMITTEES OTHER THAN THEIR OWN - DUTY OF CONFIDENTIALITY

1. All senators may attend sittings of Committees other than their own, without voting rights.

2. Each Group may, for a particular bill or for a specific sitting, replace its representatives on a committee, giving the Chairperson of the committee prior written notice to this effect.

3. The committees may decide that for certain documents, intelligence, information or discussions involving the State, members be sworn to confidentiality. In such case, Senators who are not members of such committee shall not be permitted to attend such sittings notwithstanding the provisions of paragraph 1 above.

Rule 32

MINUTES OF COMMITTEE MEETINGS

Minutes shall be drafted of all the meetings of committees pursuant to Rule 1 above. Senators Secretaries shall oversee the drafting of the minutes.

Rule 33

PUBLICATION OF COMMITTEE DEBATES

1. A summary of proceedings shall be compiled for all committee sittings; a verbatim report shall be drafted when a committee sits in a legislative or drafting capacity, and in all the other cases provided by these Rules.

2. The summary of proceedings and the verbatim report shall make no mention of the discussions held or the resolutions adopted relating to the matters referred to in the final paragraph of Rule 31 above.

3. The public shall not be admitted to meetings of a committee sitting in a reporting or advisory capacity.

4. Save for the cases referred to in paragraph 3 above, the President of the Senate may, at the request of a committee to be submitted no later than 24 hours in advance, permit the press or the general public to attend sittings in separate rooms using audiovisual equipment.

5. When sitting in a legislative or drafting capacity, the deliberations of the committees shall be rendered public through audiovisual facilities installed in separate rooms for the benefit of the public and the press.

Rule 34

REFERRAL OF BILLS AND OTHER BUSINESS TO A COMMITTEE - JOINT SITTINGS - CONCURRENT JURISDICTION

1. The President of the Senate shall refer bills and any business of a general nature on which a committee is required to resolve pursuant to these Rules to the committees having jurisdiction over the subject matter, or to a special committee, and shall duly inform the Senate thereof. The President of the Senate may also refer any texts, papers, measures and documents received by the Senate to a committee having jurisdiction over such matters.

2. Bills and other business may be referred to several committees for joint consideration and decision. A joint committee sitting shall normally be chaired by the oldest of the Chairpersons of the committees involved.

3. The President of the Senate shall refer the documents and other papers under Rules 23, 125-bis, 142, 143 and 144 to the 14th Standing Committee and to the other committees responsible by subject matter, according to their respective jurisdictions.

4. If the committee considers that a matter referred to it does not fall within its remit, the President of the Senate shall be informed for a decision to be taken.

5. In the event that several committees consider that a particular matter falls within their remit, the President of the Senate shall, after consultation with the Chairpersons of the committees concerned, make the final decision.

Rule 35

REFERRAL TO A COMMITTEE SITTING IN A LEGISLATIVE CAPACITY

1. Except in the case of constitutional amendments and electoral bills, bills delegating legislative powers, enacting decree laws, authorising the ratification of international treaties, approving budgets and accounts, and bills returned to Parliament for further consideration pursuant to Article 74 of the Constitution, which shall be considered and voted on by the whole Senate, the President may refer an individual bill to the relevant standing committee for consideration of such measure in a reporting capacity, or to a special committee, and shall notify the Senate thereof.

2. Before the final vote is called, however, a bill may be tabled before the Senate by the President of the Senate when the Government or one-fifth of the members of the Senate so request, or, in the event that the debate has already begun, when such request is put to the Chairperson of the committee, so that it can be considered and put to the final vote on the floor of the Senate or finally approved following explanations of vote in the manner and within the limits provided by Rule 109(2) below.Abill shall also be referred back to the Senate in the cases provided by Rule 40(5) and (6) below.

Rule 36

REFERRAL TO A COMMITTEE SITTING IN A DRAFTING CAPACITY

1. Notwithstanding the exceptions provided by Rule 35(1) above, the President may refer a bill to a standing committee or a special committee sitting in a drafting capacity, and notify the Senate thereof, to vote on individual clauses, and then lay the bill before the Senate for a final vote following only explanations of votes, in the manner and within the limits provided by Rule 109(2) below.

2. Within eight days of notifying the Senate of the referral of the bill to a committee, eight Senators may move that a debate be held in the Senate before the bill is considered in a committee, in order to lay down, in a specific recommendation, the criteria to be followed by the committee when framing the bill. The Senate shall vote on this motion by show of hands, without a debate. If the motion is carried, the bill shall be set down in the programme of business to be placed on the agenda of the Senate for the debate.

3. Until the final vote by the Senate, the bill shall follow the normal procedure for debate and adoption if the Government or one-tenth of the members of the Senate or of one-fifth of the members of a committee so request, or in the case provided by the Rule 40(5) and (6) below.

Rule 37

REFERRAL TO A COMMITTEE SITTING IN A LEGISLATIVE OR DRAFTING CAPACITY OF A BILL PREVIOUSLY REFERRED TO THE SAME COMMITTEE SITTING IN A REPORTING CAPACITY

1. Notwithstanding the exceptions provided by Rule 35(1) above, the President of the Senate may, at the unanimous request of the committee and with the consent of the Government, change the status of a committee from reporting to legislative or drafting capacity during consideration of a bill.

2. Such procedure may not be applied when, as per Rule 40(5) and (6) below, an opinion in opposition to such measure has been expressed.

Rule 38

OPINIONS ON BILLS AND BUSINESS

The President may request an opinion on a bill from a committee other than the one to which the bill has been referred. If a committee deems it useful to hear the opinion of another committee or to express its opinion on bills or business referred to another committee it shall make such request through the President of the Senate.

Rule 39

PROCEDURE FOR EXPRESSING OPINIONS

1. The committee requested to express an opinion shall submit that opinion within fifteen days, or within eight days in the case of bills declared to be urgent, save for the right of the President of the Senate to set a shorter deadline, after appraising the circumstances.

2. If the committee has not expressed its opinion by these deadlines it shall be assumed that it does not deem it necessary to do so, unless, on the request of the Chairperson of the committee consulted, the deadline has been extended for a further period, which shall not be longer than the original deadline period, by the relevant committee.

3. Opinions are normally expressed in writing. In the case of urgent measures, or whenever appropriate, the opinion may offered on the floor of the relevant committee by the Chairperson of the committee consulted or by a member designated by the Chairperson.

4. The committee consulted may request that its written opinion be printed as an annex to the report which the relevant committee shall subsequently submit to the Senate.

Rule 40

MANDATORY OPINIONS

1. The 14th Standing Committee shall be requested to issue an opinion on the bills under Rule 23(3) above that have been referred to other committees, and bills governing the procedures for transposing EU law into Italian law.

2. The 1st Standing Committee shall be requested to issue an opinion on bills referred to other Committees that have constitutional implications or affect the organisation of the civil service.

3. The 5th Standing Committee shall be requested to issue an opinion on bills referred to other committees that give rise to new or increased expenditure or reduced tax revenues or contain provisions of relevance to the directives and forecasts in the economic development programme.

4. The 2nd Standing Committee shall be requested to issue an opinion on bills referred to other committees that create criminal or administrative penalties.

5. When the 5th Committee issues a written opinion stating its opposition to the passage of a bill giving rise to new or increased expenditure or reduced revenues which has been referred to another committee sitting in a legislative or drafting capacity, basing its opposition on inadequate cost assessments or budgetary coverage pursuant to the final paragraph of Article 81 of the Constitution and applicable legislation, such bill shall be referred back to the Senate in the event that the committee responsible by subject matter has not complied with the opinion.

6. The same procedure shall apply to a written opinion in opposition to a bill issued by the 1st Standing Committee in the cases provided by paragraph 2 above, and to a written opinion in opposition to a bill issued by the 14th Standing Committee in the cases provided by paragraph 1 above, if the committee responsible by subject matter has not complied with the opinion.

7. Notwithstanding the provisions of paragraph 10 below, the opinions referred to in this Rule shall be issued within the deadlines and in the manner provided by Rule 39 above, and attached to the report which the committee responsible by subject matter delivers to the Senate. If the committee has deemed fit not to accept the aforementioned opinions, the report shall contain reasoned grounds for so doing.

8. When ascertaining whether funding is available, for the purposes of expressing an opinion under paragraph 5 above, the impact of each individual measure for each individual year in the running multi-year budget shall be assessed.

9. Bills containing provisions in respect of the matters stated in Article 117 of the Constitution and those provided by the Regional Special Statutes enacted by a Constitutional Amendment Act, or which relate to the Regions' legislative or administrative activities, shall also be referred to the Parliamentary Regional Affairs Committee. If the latter committee issues its opinion within the terms provided by the deadline under Rule 39 above, it shall be annexed to the report which the Committee having jurisdiction over the subject matter shall submit to the Senate.

10. The deadlines provided by Rule 39 above, by which the 1st, 5th and 14th Standing Committees are required to issue an opinion shall be counted as from the date on which the committee responsible by subject matter requests such opinion.

11. In the event that bills and amendments entailing the use of budgetary allocations, including provisions to special funds, for purposes other than those provided in the annual and multi-year Budget Bill and the Finance Act, are referred to the 5th Standing Committee for an opinion, this Committee may request the relevant committees to which the budgetary allocations or provisions refer to issue an opinion regarding their use for other purposes.

12. The committees responsible by subject matter shall submit to the 5th Standing Committee all the information in their possession on the bills and the amendments on which the 5th Standing Committee has been asked for an opinion, in order to assist it in assessing the expenditure entailed, and, if so requested, the technical report referred to in Rule 76-bis(3) below.

Rule 41

PROCEDURE FOR COMMITTEES SITTING IN A LEGISLATIVE CAPACITY

1. As far as possible, the rules governing debates and voting in the Senate shall apply to debates and voting in a committee sitting in a legislative capacity, except for the restrictions on the submission of amendments provided by Rule 100(3), (4) and (5) below.Aroll call vote and secret ballot - following the procedures provided by Rule 116(1) and (2) and Rule 118(6) - may be allowed at the request of three and five Senators, respectively. Motions requiring the support of at least eight Senators in the whole Senate shall require the support of at least two Senators in a committee, or by one Senator speaking on behalf of a Parliamentary Group.

2. The debate may be preceded by an explanatory presentation by the Chair or by a Senator delegated by the Chair to report to the committee on the bill, giving details of the background to the bill and any other information to contextualise the issues which the bill sets out to regulate.

3. If the Senator explaining the bill, or in the case of several sponsors, the first signatory, is not a member of the committee to which the bill has been referred, such Senator shall be advised of the date for which the committee has been convened.

4. Any Senator may submit amendments and recommendations to the committee, and may request, or be requested, to explain them before the committee.

5. Amendments entailing greater expenditure or reduced revenues, addressing major constitutional matters or relating to the organisation of the civil service, containing provisions creating criminal or administrative penalties or containing provisions in respect of the matter provided by Rule 40(1) shall be explained before the beginning of the debate and may not be put to the vote unless previously submitted to the 5th, 1st, 2nd and 14th Standing Committees, respectively, for an opinion. The standing committees considering the bill shall submit their opinions within eight days of the date of the request. If the opinions of the 1st, 5th and 14th Standing Committees have been received, the provisions of Rule 40(5) and (6) shall apply.

Rule 42

PROCEDURE FOR COMMITTEES SITTING IN A DRAFTING CAPACITY - FINAL VOTE ON THE BILL IN THE SENATE

1. The provisions of Rule 41 shall apply to the discussion of the sections of bills under consideration in a committee sitting in a drafting capacity.

2. In the cases provided by Rule 36(2) above, such committee shall discuss and pass individual sections following the guidelines set by the Senate. The Chair of the committee shall decide whether recommendations and amendments are admissible in the event that they appear to be in conflict with those guidelines.

3. Cloture and suspensory motions may not be tabled in the cases provided in paragraph 2 above; in all other cases the provisions of Rule 43(3) below shall apply.

4. After the individual clauses have been passed the committee shall appoint a rapporteur to draft a written report.

5. Only the rapporteur and the representative of the government may address the Senate. The bill shall then be put to the vote for final adoption. Explanations of vote shall be permitted in the manner and within the limits provided by Rule 109(2) below.

Rule 43

PROCEDURE FOR COMMITTEES SITTING IN A REPORTING CAPACITY.

1. When considering a bill referred to a committee sitting in a reporting capacity, a general debate shall be held after the explanatory presentation under Rule 41(2) above.

2. Individual sections shall be debated when amendments have been tabled. In this case, the committee may establish a Working Group, ensuring that its membership includes senators from the opposition, to draft the final version of the bill.

3. A committee may not make a decision on cloture or suspensory motions. In the event that these motions have been tabled and that the committee concurs with them, they shall be laid before the Senate, with a report. The debate may merely be postponed, provided that the date is prior to the deadline for the committee to report back to the Senate.

3-bis. In every standing committee, Senators who also sit on the 14th Committee shall report, also orally, on the aspects under Rule 40(1) above, following the conclusion of the consideration of any such measure by the 14th Standing Committee.

4. At the end of the debate, the committee shall appoint a rapporteur to report to the Senate. The report shall be submitted within 10 days of the appointment.

5. For the purposes of the debate in the Senate, the committee may appoint a subcommittee of not more than seven members, selected to guarantee the participation of members of the Opposition.

6. Minority reports may always be submitted.

7. Both the rapporteur appointed by the committee to report back to the Senate and the Opposition rapporteur may supplement the report with oral comments.

Rule 44

DEADLINES FOR THE SUBMISSION OF REPORTS

1. Committee reports on bills referred to them in either a reporting capacity or in a drafting capacity shall be submitted to the Senate by no later than two months from the date of referral.

2. According to the requirements of the programme of business or when circumstances make it appropriate, the President of the Senate may set a shorter deadline for the presentation of the report, and notify the Senate accordingly.

3. When the deadline is reached, the bill shall be considered to be set down for debate when the programme of business is decided, even without a report, in the version of the text as originally proposed, save where the Senate, at the request of the appropriate committee, sets a new deadline, which shall be not later than two months thereafter, consistently with the implementation of the programme of business.

4. When, in implementation of the provisions of paragraph 3 above, a committee sitting in a drafting capacity to which a bill has been referred has not yet completed voting on all the sections, such bill shall be debated and voted on in the Senate following the ordinary procedure. In the event, however, that pursuant to Rule 36(2) above, the consideration of such bill in the committee has been preceded by a preliminary debate in the Senate, the general debate shall not take place.

5. Committee reports shall be printed and circulated at least two days before the date of the debate.

Rule 45

CALCULATING DEADLINES

When calculating the deadlines for the submission of reports and the issuance of opinions no account shall be taken of the periods when the Senate has been adjourned pending convention by notice sent to its members.

Rule 46

COMMITTEE REQUESTS TO THE GOVERNMENT FOR INFORMATION AND CLARIFICATION - STATEMENTS BY MEMBERS OF THE GOVERNMENT

1. A committee may request members of the government to supply information or clarification on any issues, including policy issues, in relation to the subject matter falling within their remit.

2. A committee may also request members of the government to report, orally or in writing, on the implementation of laws and any followup to recommendations, motions or resolutions adopted by the Senate or accepted by the government. In order to receive a progress report on the implementation of laws already in force, a committee may appoint one or more rapporteurs to gather the relevant information and report back to the committee by the deadline set for them.

3. Members of the Government may attend a committee meeting in order to make a statement.

Rule 47

GATHERING INFORMATION ON BILLS AND BUSINESS REFERRED TO A COMMITTEE

A committee may require a Minister to ensure that any executive department or agency subject to such Minister's oversight provide information and administrative or technical details relating to a measure being considered by such committee, for which supplementary information is needed. For this purpose, a committee may hear individual civil servants or executive officers.

Rule 48

FACT-FINDING ENQUIRIES

1. Under authorisation of the President of the Senate, a committee may conduct a fact-finding inquiry in respect of the matters within its remit, in order to gather information and documentation.

2. In the performance of such fact-finding inquiries a committee shall not be vested with the powers under Rule 162(5) below and may not exercise any political control, issue directives or attribute liability.

3. The programme of such an inquiry, as drawn up by the committee, shall be notified to the President of the Senate who shall facilitate the implementation by entering into agreements with the ministers concerned, also in respect of any agencies under their oversight, and may also authorise technical consultancy services and visits, where appropriate.

4. All the costs of performing fact-finding inquiries shall be charged to the Senate budget.

5. For the purposes of an enquiry under this Rule, a committee may hold special sittings to which ministers, public officials and managers of public agencies may be called to give evidence. Representatives of local government authorities, private organisations, trade and professional associations and experts in the matter under review may also be invited to give evidence.

6. At the end of the inquiry, the committee may adopt a document which shall be printed and circulated. If the committee deems it appropriate, a verbatim report of its sittings may be compiled and published.

7. If the Chamber of deputies has also provided for a fact-finding survey to be conducted into the same matter, the President of the Senate may facilitate appropriate agreements with the Speaker of the Chamber of deputies, so that the committees of both Houses of Parliament may proceed on a joint basis.

Rule 48-bis

REQUESTS FOR FACT-FINDING INQUIRIES

In the event that recourse to any procedure under Rules 46, 47 or 48 above is proposed by at least one-third of the members of a committee, such request shall be put to the committee for a decision to be taken within ten days thereafter.

Rule 49

REQUESTING THE NATIONAL COUNCIL FOR ECONOMY AND LABOUR [CNEL] FOR OPINIONS, STUDIES AND INVESTIGATIONS - CNEL'S COMMENTS AND PROPOSALS

1. Acommittee may request the President of the Senate to invite CNEL to express its opinion on any matter currently being investigated which entails economic, financial and social policy aspects or which in any way fall within the sphere of the economy and employment. The President of the Senate shall forward such request to the President of CNEL and sets a deadline for the issuance of its opinion. If the deadline is beyond the deadline given to the committee to report to the Senate, the President shall move that the Senate grant an extension pursuant to the terms of Rule 44(3) above.

2. The opinion issued by CNEL shall be published as an annex to the committee's report. If the opinion concerns a bill that the committee is considering in legislative capacity, such opinion shall be printed as an annex to the bill.

3. Under the authorisation of the President of the Senate and in agreement with the President of CNEL, a committee may invite members of other committees and appropriate CNEL committees to attend the sittings under Rule 48 above.

4. A committee Chairperson or a duly designated Deputy Chairperson may give evidence before sittings of CNEL or its committees.

5. A committee may request the President of the Senate to invite CNEL to perform studies or conduct inquiries into matters of its interest in relation to issues falling within the remit of CNEL. The results of such studies and inquiries shall be published as soon as they are delivered.

6. Any comments and proposals submitted by CNEL in relation to bills under Senate scrutiny shall also be duly published.

Rule 50

COMMITTEE REPORTS AND PROPOSALS - RESOLUTIONS

1. A committee may submit to the Senate reports and proposals on matters falling within its remit.

2. Upon completion of the examination of business referred to it for which a report is not to be submitted to the Senate, a committee may adopt a resolution setting out its stance and providing guidelines stemming therefrom in relation to the subject matter. A representative of the Government shall be invited to attend such sitting.

3. At the request of the government or one-third of the members of the committee, such resolutions, accompanied by a written report, shall be submitted to the President of the Senate to be submitted to the Senate.

Rule 51

RELATED AND CONCURRENT BILLS

1. Any bills dealing with identical or closely connected matters shall be set down together on the agenda of the committee responsible by subject matter, except when such committee has already completed its consideration of one or more of them.

2. In the event that the government announces to the Senate its intention to introduce a government bill to address a matter which is already the subject of a parliamentary bill referred to a committee, the committee may defer or suspend its discussion of the parliamentary bill until the government bill is introduced, but not beyond one month.

3. In the event that a bill is placed on the agenda of a committee dealing with a matter that is identical to, or closely connected with, the subject matter of a bill previously introduced before the Chamber of deputies, the President of the Senate shall notify the Speaker of the Chamber of deputies, so that appropriate agreements may be concluded.

TITLE VII

CONVENING THE SENATE - ORGANISATION OF THE BUSINESS AND SITTINGS OF THE HOUSE

Rule 52

CONVENING THE SENATE

1. The Senate is convened by the President through the distribution of the Senate agenda.

2. A request to convene the Senate under Article 62(2) of the Constitution shall include the item to be placed on the agenda.

3. The Senate may also be convened in special session during the period in which its powers are extended following dissolution.

4. In the cases provided by Article 94(3) of the Constitution, the President, by joint agreement with the Speaker of the Chamber of deputies, shall set the date on which the Senate shall convene.

Rule 53

PROGRAMME OF BUSINESS

1. The business of the Senate shall be planned by-monthly on the basis of programmes and calendars.

2. As a rule, four weeks of each bi-monthly period shall be set aside for standing and special committee sittings and for meetings of joint committees, for which dedicated and appropriate time-frames shall be set aside by prior joint agreement with the Speaker of the Chamber of deputies; three weeks shall be set aside for assembly business, and one week for the work of parliamentary groups and individual Senators.

3. The programme of business is compiled every two months by the President of the Senate, following consultation with the Speaker of the Chamber of deputies, the chairpersons of standing and special committees, and the government. The programme of business shall be submitted for approval to the Conference of Parliamentary Group Leaders meeting with the Vice Presidents of the Senate and a representative of the government. The programme shall be drafted in a manner that takes into account the priorities of the Government and the proposals made by parliamentary groups and individual Senators, also in relation to the function of ensuring government accountability to Parliament, for which specific and adequate time shall be set aside. Every two months, no less than four sittings shall be specifically devoted to the scrutiny of bills and texts submitted and sponsored by Opposition groups pursuant to Rule 79(1) below. The provisions of Rule 55(5) below shall apply.

4. If unanimously adopted, the programme of business shall become final after being announced to the Senate. When such announcement is made, if a Senator or a representative of the Government requests a debate on the programme, one speaker per Group in addition to the Senator or Government member requesting the debate may address the Senate for no longer than 10 minutes each.

5. The procedure provided in the paragraphs above shall also apply when examining and adopting any amendments to the programme of business.

6. For the purposes of implementing the programme of business, the President shall convene the chairpersons of the standing and special committees, together with a representative of the Government, to decide on the manner and timing of the work of committees, in coordination with the business of the Senate.

7. The Rules of Procedure of individual parliamentary groups shall lay down the procedures and manner whereby individual Senators may express their positions and submit proposals regarding the matters included in the programme of business or the agenda.

Rule 54

WORK PLAN

Should the Conference of Parliamentary Group Leaders fail to reach an agreement on the programme, the President shall compile a one-week work plan based on the opinions put forward at the Conference. This work plan shall be announced before the Senate, and if no amendments are proposed, it shall be deemed adopted. Otherwise, the Senate shall vote on the individual amendments proposed following a debate restricted to only one speaker per Group, who shall each be given the floor for no more than 10 minutes. During the course of the week, the Conference of Parliamentary Group Leaders shall be convened to establish the scheduling of business for the following period.

Rule 55

CALENDAR OF BUSINESS

1. In order to establish the manner in which the approved programme of business is to be implemented, the President shall draft a calendar of business and submit it for approval to the Conference of Parliamentary Group Leaders, attended by a representative of the Government.

2. Such calendar, which shall normally cover one month, shall indicate the number and the date of each sitting, together with the business on the agenda.

3. If the calendar is unanimously adopted, it is considered to be final and is announced to the Senate. Otherwise, the Senate shall vote on any proposed amendments by show of hands following speeches by not more than one speaker per Group, who shall be given the floor for not more than 10 minutes each. The approved calendar shall be published and circulated.

4. The aforementioned procedure shall also be followed when examining and adopting proposals to amend the calendar.

5. When organising the debate on individual items of business in the calendar, the Conference of Parliamentary Group Leaders shall, as a rule, decide on the overall time to be allotted to each Group, as well as the date by which all the items on the calendar shall be put to the vote.

6. The calendar may only be amended by the President of the Senate to include any items which are required to be discussed and voted on, under the Constitution or these Rules, on a date falling within the period covered by the calendar.

7. At the end of each sitting, the Senate may resolve on a proposal put by the President or at the request of the Government or of eight Senators to place on the calendar other items not included in the programme of business, in relation to new contingent and urgent situations, provided that this does not prevent implementation of the programme of business. If necessary, supplementary sittings may be held to address such matters. Following the same procedure, the Senate may reverse the order of the items on the calendar. Such measures shall be adopted by show of hands after not more than one speaker per Group has addressed the Senate, each for a period of not more than 10 minutes.

Rule 56

THE AGENDA

1. The President shall call to order and adjourn every sitting and simultaneously announce the date, time and agenda of the following sitting, save where the Senate is convened by notice sent to its members, in which case the agenda is normally announced five days before the sitting.

2. The agenda shall be drafted according to the calendar and on the basis of the work plan.

3. The President may decide, or eight Senators may propose, that the order of the items on the agenda for the sitting be reversed. The President may decide to put the proposal to the vote by show of hands, giving the floor to only one speaker against and one in favour for a maximum of 10 minutes each.

4. In order to discuss or vote on any item not on the agenda the Senate must adopt a decision with a two-thirds majority of those present acting on a proposal tabled at the beginning of the sitting, or when the Senate is about to address another agenda item, by the government or the Chairperson of the relevant committee or eight Senators. Only one speaker for each Group may address the proposal for not more than ten minutes each. If the proposal is carried, the committee may give an oral report.

Rule 57

PUBLIC ATTENDANCE OF PROCEEDINGS

All the sittings of the Senate are public. However, at the request of the Government or of one-tenth of the members of the Senate, the senate may resolve, without a debate, to sit in camera.

Rule 58

RESERVED SEATS IN THE SENATE

1. Seats are reserved in the Senate for representatives of the Government and of the committees reporting on the items on the agenda.

2. The Secretary General and other officials authorised by the President shall sit on the President's bench.

Rule 59

ATTENDANCE BY MEMBERS OF THE GOVERNMENT AT SENATE AND COMMITTEE SITTINGS

Members of the Government, who are not members of the Senate, are entitled, and upon request required, to attend Senate and committee sittings.

Rule 60

MINUTES AND REPORTS OF SITTINGS

1. Minutes shall be drafted of each sitting, giving account only of deeds and decisions, and the names of participants in a debate.

2. Each session shall begin with a reading of the previous minutes. If there are no comments, the minutes shall be considered adopted without a vote. If a vote is required, it shall be by show of hands.

3. No debate shall follow the reading of the minutes, except to rectify them or to speak in a personal capacity or to explain the vote.

4. The minutes of public sittings and sittings held in camera shall be signed by the President and two Secretaries immediately after their adoption. The Senate may order that no minutes be drafted of sittings held in camera.

5. A summary report and a verbatim report of every public sitting shall be compiled and published.

Rule 61

ANNOUNCEMENTS TO THE SENATE

After the reading of the minutes, and before moving on to the agenda, the President shall read out to the Senate any messages, letters and communications of relevance. Any messages written in unparliamentary language shall not be read out.

Rule 62

LEAVES OF ABSENCE

1. Senators may only absent themselves from sittings after submitting a written request to the President for leave of absence. At the beginning of each sitting, the President shall announce the names of the Senators on leave of absence.

2. A notice indicating the names of Senators on leave of absence shall be posted in the Senate.

Rule 63

SPEAKING RIGHT

Only Senators, and members of the Government if they so request, may take the floor.

TITLE VIII

JOINT SITTINGS OF PARLIAMENT

Rule 64

CONVENING JOINT SITTINGS OF PARLIAMENT - THE CHAIR

1. Whenever the Constitution requires that both Houses convene in joint session, the Speaker of the Chamber of Deputies shall preside with the Bureau of the Chamber of Deputies.

2. The President of the Senate shall make appropriate agreements with the Speaker of the Chamber of Deputies in order to convene Senators.

Rule 65

RULES GOVERNING JOINT SITTINGS OF PARLIAMENT

The Rules of the Chamber of Deputies shall govern joint sittings of Parliament, notwithstanding the right of the two Houses to decide otherwise.

TITLE IX

ORDERLY PROCEEDINGS, SECURITY OF THE SENATE AND ITS GALLERIES

Rule 66

CALL TO ORDER

1. The President shall call to order any Senator for disorderly conduct or use of unparliamentary language, and may order that the Senator concerned be named in the minutes.

2. A Senator called to order may explain his or her conduct before the Senate at the end of the sitting or, if the President deems it appropriate, immediately. After hearing the Senator's justification, the President may revoke the call to order. Such decision shall be final.

Rule 67

CENSURE - SUSPENSION - EXPULSION

1. Should a Senator, despite being called to order by the President, persist in disrupting the proceeding