Decreto-legge and decreto legislativo: the differences
Two acts having the force of law issued by the Italian Government, often confused. The difference lies in the source of the power: urgency for the decreto-legge, a delegation from Parliament for the decreto legislativo.
1. Decreto-legge — emergency decree (Art. 77 of the Italian Constitution)
Adopted by the Government in extraordinary cases of necessity and urgency. It takes immediate effect but lapses (ex tunc) if the chambers do not convert it into law within 60 days.
2. Decreto legislativo — delegated decree (Art. 76 of the Italian Constitution)
Issued by the Government under a delegation from Parliament (an enabling act, legge delega) that sets the subject, principles and deadlines. It has no urgency requirement.
3. In short
Decreto-legge = urgency + subsequent conversion by Parliament. Decreto legislativo = prior delegation by Parliament + implementation by the Government.
On Open·Parlamento you can see what a decree amends or repeals (authoritative relations from Normattiva) and follow its conversion status. See the glossary.
Frequently asked questions
What happens if a decreto-legge is not converted?
It lapses retroactively (ex tunc) from the start: it is as if it had never existed, unless Parliament regulates the relationships that arose in the meantime.
Does a decreto legislativo need conversion?
No. It rests on a prior enabling act (legge delega); it requires no conversion, but it must respect the principles and deadlines of the delegation.
Other guides
- How an Italian bill becomes law
- How to cite a law with the ELI
- What an MCP server is (and how to use it for the law)
- The hierarchy of the sources of Italian law
- What Normattiva is
- What the Gazzetta Ufficiale is
- How the Italian Constitutional Court works
- Glossary — ELI, CELEX, MCP server, legislative OSINT
Informational tool — not legal advice.