1. The Commission has received multiple complaints regarding a proposed amendment to the Italian law on public security that would restrict the movement of hemp inflorescences or products containing such inflorescences. The Commission understands that while this amendment is under examination in the Senate, the Italian Government has recently adopted a decree-law which includes similar provisions[1]. As the investigation of the complaints is ongoing, the Commission is unable to provide the Honourable Members with further information in this regard.

2. The Court of Justice of the European Union (CJEU) has held that the non-notification of a technical regulation under Article 5 of Directive (EU) 2015/1535[2] entails the risk of creating hindrances to intra EU trade and that a national court is required to refuse to apply a national technical regulation that was not notified under that provision[3]. As mentioned in reply to the first question, the Commission is currently assessing the compliance of the Italian measure with Union law.

3. National courts are tasked with implementing EU law and have the power or even the obligation (courts of last instance) to refer a matter to the CJEU if a case pending before them raises questions involving the interpretation of EU law[4]. It is up to the national courts to review the decisions taken by national authorities in individual cases; the Commission has no authority in this regard. For more information on how the Commission ensures the application, implementation and enforcement of EU law and the tools at its disposal to this effect, the Commission refers the Honourable Members to its communications ‘EU law: Better results through better application’[5] and ‘Enforcing EU law for a Europe that delivers’[6].

Last updated: 2 July 2025