The Italian Senate has formally submitted an opinion to the Council of the European Union questioning whether the proposed Digital Networks Act complies with the principles of subsidiarity and proportionality. The opinion, sent to the Council Presidency and received on 2 July 2026, targets the European Commission's proposal for a regulation on digital networks (document 5600/26 - COM(2026)16), which aims to overhaul the EU's telecoms framework.
The Italian Senate's scrutiny focuses on whether the EU-level intervention is justified under subsidiarity—the principle that decisions should be taken as closely as possible to citizens—and whether the proposed measures are proportionate to the objectives. The opinion has been forwarded to the Council and may be published on the Interparliamentary EU Information Exchange website (IPEX).
This marks the first formal subsidiarity challenge to the Digital Networks Act from a national parliament since the Commission tabled the proposal. Under the EU's Treaty protocols, national parliaments have eight weeks from the date of a legislative proposal to issue reasoned opinions if they believe it violates subsidiarity. The Italian Senate's intervention could trigger a review if other parliaments join, potentially forcing the Commission to reconsider or justify its approach.
The Digital Networks Act, unveiled by the Commission in early 2026, seeks to streamline telecom rules, boost investment in high-capacity networks, and address spectrum coordination. It would replace existing directives and regulations, including the European Electronic Communications Code. The proposal has drawn mixed reactions from member states and industry, with some arguing it centralises too much authority in Brussels while others call for stronger EU coordination to compete with global tech giants.
The Italian Senate's opinion adds a layer of parliamentary scrutiny that could influence the legislative process in the Council and European Parliament. The Commission must respond to any reasoned opinions from national parliaments, and if at least one-third of member state parliaments object, the proposal must be reviewed (the 'yellow card' procedure).