challenged times in Italy: a closer look at the new law and concerns over civil rights
Meloni aligns with Ernst on Law and Order matters. Is her approach becoming overly restrictive?
By Andrea Affaticati, Milan
Italy is witnessing a wave of controversy surrounding a recent law passed by the right-wing government. This law, which focuses primarily on protest actions, has sparked concerns from various sectors, including opposition, lawyers, and academics.
Is it becoming increasingly risky to voice dissent in Italy? That seems to be the question on many people's minds after the current administration implemented the new law on Wednesday. The legislation introduces 14 new criminal offenses and nine aggravating circumstances, with a particular emphasis on protest-related activities. Obstructing major projects, like the bridge over the Strait of Messina, could result in fines or imprisonment for up to two years. Activities against artworks and even those involving violence or threats will be penalized with prison sentences of up to five years and fines of up to 15,000 euros.
The new regulations also target various offenses, such as:- Passive resistance in prisons- Protests by migrants in detention centers- Illegal house and apartment occupations- Defacement of public buildings- Fraud against the elderly- The production and sale of cannabis
For the first time, pregnant women and mothers with children under three years old could face imprisonment. Additionally, security forces will now have more protective measures and stricter penalties for those who attack them. Off-duty officers will be permitted to carry weapons, and financial assistance of up to 10,000 euros will be provided if an incident during their service results in a court case.
Meloni: A Balancing Act between Security and Citizenship
The tightened protective measures for security forces have drawn mixed opinions. Critics argue that the new criminal offenses were largely determined by the Ministry of the Interior and question their necessity or justification. Gian Luigi Gatta, Professor of Criminal Law at the University of Milan and Chairman of the Italian Association of Professors of Criminal Law (Aipdp), believes that "the new criminal offenses were largely determined by the Ministry of the Interior, that is, the head of the police."
Prime Minister Giorgia Meloni expressed satisfaction with the final adoption of the law, stating that the government had made an important step towards "more security for citizens, as well as for the men and women in uniform." However, not everyone shares this sentiment. The opposition has expressed concerns that the law represents a step towards creeping repression.
Opposition politician Schlein goes as far as accusing the government of moving Italy's legal system back to 1930, the year the fascist criminal code, the infamous Rocco Code, was implemented. Professor Gatta also refers to this comparison but highlights a specific concern — the norm that targets pregnant women. "Even under fascism, a pregnant woman did not have to go to prison. Now she does," explains the professor, adding that the norm particularly affects Roma women, who are often marginalized and disproportionately often pregnant.
Roberto Cornelli, professor of criminalistics at the Milan University, pointed out a significant change in the current political climate. After the war, it was mainly about having and exercising the right to security. "This security has shaped Western democracies," the professor stressed, but in the 1990s, it became more about the right to security from fear, which tolerance towards restricting rights to satisfy penal populism.
Additional Insights:
The developments in Italy show concern over civil rights, particularly when it comes to peaceful protests and democratic participation. Some international observers have raised alarms over human rights violations, particularly for marginalized groups. Human rights activists and organizations have criticized the recent Security Decree, which has introduced disproportionate restrictions on the right to peaceful assembly and expression. The European Commissioner is being urged to take decisive action against this decree, which is seen as part of a broader erosion of civic space and democratic safeguards in Italy.
- Italy
- Civil Rights
- Protests
- The concerns over civil rights in Italy have intensified following the implementation of the new law, particularly regarding peaceful protests and democratic participation, as the law introduces 14 new criminal offenses and nine aggravating circumstances, focusing on protest-related activities.
- The European Commissioner is being urged to take decisive action against the recent Security Decree in Italy, as it is seen as part of a broader erosion of civic space and democratic safeguards, with an emphasis on policy-and-legislation, crime-and-justice, politics, general-news, and community policy, employing new restrictions on peaceful assembly and expression that could potentially impact vulnerable groups like migrants and the Roma community.
