Meloni's collaborating with Ernst on Law and Order measures. Is her action overstepping boundaries?
Sounding the Alarm: Italy's New Protest Law Sparks Controversy
By Andrea Affaticati, MilanMore Info Faceboook Twitter Whatsapp Email Print Copy Link
Italy's political landscape is stirring up quite a commotion as a new law, the Security Decree, has hit the scene. Critics are questioning whether this law curbs fundamental rights, especially the right to protest. Lawyers, academics, and the opposition are expressing their concerns about the consequences of this legislation.
Is a protest in Italy becoming riskier than ever? This question is now front and center after Italy's right-wing government passed a new law last Wednesday. The law adds a whopping 14 new criminal offenses and nine aggravating circumstances, with a primary focus on protest actions. Future street and rail blockades could potentially lead to fines or up to two years in prison. Moreover, actions against works of art, often the domain of eco-activists, and even protests involving violence or threats will face stricter penalties.
But it's not just about protests with a violent streak. From now on, passive resistance in prisons, protests by migrants in deportation centers, illegal squatting, vandalism of public buildings, fraud against the elderly, and the production and sale of any type of cannabis will be criminally prosecuted. To add to the list, for the first time, pregnant women and mothers with children under three years old can be imprisoned.
Meloni: For the Protectors and the Protected
While security forces will have stricter protective measures in their favor, those who dare to attack them will face more severe penalties for future offenses. Future prosecutors will also have the ability to use bodycams during their service. Additionally, security forces will have the privilege of carrying a weapon off-duty.
In a statement, Prime Minister Giorgia Meloni expressed her satisfaction with the final passage of the law, claimed that the government had taken a crucial step towards "more security for citizens, as well as for the men and women in uniform."
Elly Schlein, Chairwoman of the Democratic Party, silenced Meloni's words, arguing that the new legislation was not about more security but more repression. In response, the opposition protested on Wednesday with a sit-in in the Senate. Members of the opposition sat on the floor, holding up banners that boldly declared "Arrest us all!"
## The Fear of Creeping Repression
But it's not just the opposition that recognizes the potential dangers of this legislation. Lawyers and recognized academics feel a sense of unease as well. The Italian Association of Professors of Criminal Law (Aipdp) has organized seminars at ten universities across the country in recent days, opening up a conversation about the new regulations with students.
During a debate at one of these seminars in Milan, a student raised concerns about riots and passive resistance in prisons. According to the law, organizing a riot, participating in one, or even passively resisting can be considered a criminal offense, punishable with an additional five years of imprisonment. This ruling is particularly concerning as perceived safety in a context like a prison can sometimes be subjective.
A Return to Fascist Times?
Critics have drawn parallels between this new law and Italy's 1930 fascist criminal code, the infamous Rocco Code. Opposition politician Schlein joined these critics in their critique, while the professor chairing the seminar, Gian Luigi Gatta, highlighted one specific concern about the law: "Even under fascism, a pregnant woman did not have to go to prison. Now, they do." The new law leaves discretion with the judge, putting Roma women in a precarious position, as they are disproportionately often pregnant and are often discriminated against in Italy.
During the debate, Professor Roberto Cornelli also emphasized a significant change in Western democracies. After World War II, the focus was on the right to have and exercise rights. "This security has shaped Western democracies," the professor asserted. However, in the 1990s, there was a shift to the focus on the "right not to be afraid," accepting the possible loss of certain rights in the name of security.
As the debate continues, many are left questioning whether Italy's new protest law is a step forward towards greater safety and security or a step back into the darker days of the past.
Source: ntv.de
- Italy
- Giorgia Meloni
- Protests
Enrichment Data:The new law on protests in Italy has sparked a wave of criticism regarding its potential impact on fundamental rights. Let's take a closer look at the issues:
- Restriction of Peaceful Protest: The new legislation imposes harsher penalties for various protest activities, leading to concerns about a chilling effect on the exercise of freedom of expression and assembly[2][5].
- Expansion of Police Powers: The legislation grants broad powers to law enforcement, potentially leading to abuses of authority[2][5].
- Criminalization of Civil Disobedience: The law is seen as criminalizing civil disobedience, which could erode human rights protections and further restrict freedom of expression and assembly[4][5].
- Impact on Vulnerable Groups: The legislation is expected to disproportionately affect marginalized groups, such as environmental activists, people experiencing poverty, migrants, and racialized minorities[1][3].
- Police Protections: The bill provides financial support for police officers facing investigations, potentially enabling them to evade accountability for misconduct[3][5].
- International Criticism: The legislation has faced international criticism for potentially violating international human rights law[1][4].
The new law may have consequences on several fundamental rights, including freedom of expression and assembly, liberty, equality, and human rights protections[1][5].
[1] https://www.globalcitizen.org/en/content/italy-protesters-rights-legislation/[2] https://www.theguardian.com/world/2022/dec/21/italy-passes-anti-protest-law-raising-red-flags-for-human-rights[3] https://www.ecfr.eu/publications/summary/italian_security_decree_cracks_down_on_protest_civil_disobedience_and_squats[4] https://www.amnesty.org/en/latest/news/2022/12/italy-new-security-bill-must-not-limit-right-of-peaceful-assembly/[5] https://www.hrw.org/news/2022/12/21/italy-lights-match-free-expression-another-eu-country-fans-flames
The controversy surrounding Italy's new protest law has extended to discussions about community and employment policies as concerns about potential restrictions on freedom of expression and assembly arise. policy-and-legislation, politics, and general-news outlets are monitoring this development closely. The law could have implications for crime-and-justice issues, especially as it pertains to civil disobedience and the treatment of vulnerable groups, such as environmental activists, migrants, and racialized minorities. The debate over the law's impact on human rights and democratic values continues, with some drawing parallels to Italy's 1930 fascist criminal code, the infamous Rocco Code.
