“Rented Uterus” as a Universal Crime
The principle of universal jurisdiction (UJ) has traditionally been grounded in the idea of a collective response to the most heinous crimes on a global scale. Italy, a country that currently lacks universal jurisdiction for international crimes, is amid deliberations on a proposed bill advocating for the use of universal jurisdiction in cases of surrogacy. This analysis contends that the underlying political motive behind this bill is to curb all forms of same-sex parenthood, inadvertently resulting in a criminal law framework that would specifically impact male-gay couples. Secondly, it draws a parallel with “memory law”, illustrating how legal mechanisms initially established in the enthusiasm of the ‘90s are now being repurposed as instruments for divisive political agendas.
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Turning the Exception into the Rule
In January 2023, Italy’s new government adopted a reform that heavily curtailed immigrant rights to speed up return procedures. Between September and October, several judgments issued by the Catania Tribunal declared the reform in violation of EU law. The judgments led to backlash, with PM Meloni and other members of the government accusing them of being politically motivated. While such political attacks on judges must always be condemned, they are particularly unwarranted given that the Catania Tribunal’s judges were correct in finding the new Italian border procedures incompatible with EU law.
Continue reading >>Fundamental rights impact assessments in the DSA
The attention to fundamental rights in the new wave of EU digital regulation, confirmed in the Digital Services Act, is a significant step towards a more articulated and appropriate framework for protecting people in a context characterised by pervasive technologies that are often developed without adequate consideration of their impact on society. However, existing practices in human rights impact assessment show some limitations in being extended to the digital context.
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Child Protection, Sexuality and Feindstrafrecht
Across EU Member States, we are witnessing the growing use of criminal law for punishing behaviors related to the sexualization of minors, which do not directly imply the abuse of actual minors. This use of criminal law presents many reasons for perplexity.
Continue reading >>Compensation Without Recognition
The German-Italian dispute over civil liability for Germany’s crimes during World War II has developed into a veritable saga. This saga, however, might come to an end soon. By passing the Decree-Law of 30 April 2022, No. 36, the Italian government has temporarily blocked the distraint of properties of Germany located in Rome. Furthermore, the Decree-Law has established a fund through which the Italian government aims to definitively close the issue by paying compensation to the victims in place of Germany. Even if in the future Germany decides to contribute to those compensations, such a solution would fail to acknowledge that historical justice is not just about financial compensation. It is about listening and recognition.
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