<<

agreements to which is a party 489

II AGREEMENTS AND UNDERSTANDINGS TO WHICH ITALIAN REGIONS AND AUTONOMOUS PROVINCES ARE PARTIES

Italy is composed of twenty Regions: ; ; ; ; Emilia-Romagna; -Venezia Giulia; ; ; ; ; ; ; Puglia; Sardegna; Sicilia; Toscana; -Alto ; ; Valle d’; and . Each Region comprises two or more Provinces, except Valle d’Aosta. Trentino-Alto Adige comprises the Autonomous Provinces of and . The Regions and the aforementioned Autonomous Provinces are entitled to conclude agreements with foreign States and understandings with territorial entities of foreign States in conformity with Law No. 131 of 5 June 2003 (GU No. 132 of 10 June 2003). This Law contains provisions necessary to implement Constitutional Law No. 3 of 18 October 2001 reforming Title V of the Constitution. It provides, inter alia, for the implementation of amendments to Article 117 of the Constitution concerning the treaty-making power of Regions. Article 6, paragraph 3, confers on the Regions and the Autonomous Provinces the power to enter into international agreements with foreign States on matters falling within their legislative competence, when receiv- ing full powers from the Ministry of Foreign Affairs as provided for by customary international law and the Convention on the Law of Treaties of 1969. On the other hand, Article 6, paragraph 2, vests the Regions and the Autonomous Provinces with the power to conclude understandings with territorial entities of for- eign States on the same matters, upon notice to the Presidency of the Council of Ministers and the Ministry of Foreign Affairs. These understandings do not affect Italian foreign policy nor entail financial burdens for the State. They do not consti- tute international agreements stricto sensu. The Regions and the Autonomous Provinces of Trento and Bolzano are also entitled to enter into understandings with territorial entities of neighbouring States on trans-frontier co-operation, in conformity with Law No. 948 of 19 November 1984 (GU Suppl. to No. 18 of 22 January 1985). This Law implements the European Outline Convention on Trans-Frontier Co-operation between Territorial Communities or Authorities of the Council of (done at on 21 May 1980). Article 3 enables Regions, Provinces and Municipalities to conclude under- standings with neighbouring foreign territorial communities or authorities, subject to the adoption of a bilateral agreement between Italy and the neighbouring State. These understandings do not constitute international agreements stricto sensu. However, the Regions and the Autonomous Provinces of Trento and Bolzano can also enter into understandings with territorial entities of neighbouring States on trans-frontier co-operation, in order to implement European Union regulations in the field of regional policy. The 1980 Madrid Convention and Law No. 948/1984 do not apply to these understandings, according to the Constitutional Court Decision of 22 July 2004, No. 258. 490 italian practice relating to international law

This sub-section is divided into two parts. Part A) contains a list of internation- al agreements that the Italian Regions and Autonomous Provinces of Trento and Bolzano signed with foreign States in 2009. Part B) contains a list of understand- ings that the Italian Regions and Autonomous Provinces of Trento and Bolzano signed with territorial entities of foreign States in the same year. Both the international agreements and the understandings are listed by Region or Province and, within the same Region or Province, multilateral agreements and understandings are placed before bilateral ones. Both the multilateral and bilateral agreements and understandings are in alphabetical order by reference to the foreign State or the territorial entity with which they were signed. Since they are not gener- ally published in the official bulletin of the Regions or available on the web sites of the Regions or Autonomous Provinces, their subject matters are specified.1

A) AGREEMENTS SIGNED BY ITALIAN REGIONS AND AUTONOMOUS PROVINCES IN 2009

FRIULI-VENEZIA GIULIA

Bilateral Agreements

Protocol of Understanding between Friuli-Venezia Giulia and the Ministry of Labour and Social Policy of Serbia for Promoting Mutual Development in Information Technology in the Field of Social Policy and Labour, done at on 28 May 2009.

Memorandum of Understanding between Friuli-Venezia Giulia and Serbia, done at on 13 November 2009, entered into force on the same day. Subject matter: co-operation in the fields of support to small and medium-sized enterprises, energy and environment, infrastructures, scientific research and technological in- novation, education and culture.

LOMBARDIA

Bilateral Agreements

Agreement between Lombardia and the Ministry of Health of Nicaragua in the Field of Health Care, done on 8 July 2009, entered into force on the same day.

1 The editor wishes to thank Chiara Altafin for her helpful support in researching the agree- ments and understandings concluded by the Regions and the Autonomous Provinces of Trento and Bolzano.