21 January 2026
Independence as Immunity
The Italian Data Protection Authority, a cornerstone in the enforcement of the General Data Protection Regulation, is currently at the centre of an unprecedented judicial crisis. Recent searches by the police have involved the entire Board – including the President – on grave allegations of embezzlement and corruption. The scandal exposes a structural vulnerability in the European governance model for data protection: the independence of DPAs risks degenerating into immunity if it is not balanced by a robust and proactive system of external accountability. Continue reading >>
3 
20 January 2026
Reforming the Italian “Magistracy”
On 30th October 2025, the Italian Parliament approved a constitutional amendment that will be put to a referendum in March 2026. A brainchild of the Meloni government, the reform redesigns the constitutional framework governing Italy’s judicial system. Among other changes, it separates previously unified career paths for prosecutors and judges, and introduces a mechanism of appointment by sortition for members of all these bodies. Read in its historical and political context, we argue, the reform problematically weakens the third branch of the Italian system of government. Continue reading >>
0
30 October 2025
Italy’s Constitutional Gamble
On October 10, 2025, Italy enacted Law No. 132/2025 on artificial intelligence, becoming the first EU Member State to adopt comprehensive national legislation complementing the AI Act. This move raises a serious constitutional questions: can Member States successfully navigate the tension between European harmonization and national constitutional identity in AI governance? Or does Italy’s pioneering approach risk triggering precisely the kind of regulatory fragmentation that the AI Act was designed to prevent? Continue reading >>
0
09 September 2025
A Step Forward in Italian Climate Litigation
Climate litigation achieved an important milestone in Italy. In a landmark order on 18 July 2025, the Supreme Court of Cassation confirmed that Italian courts may assert jurisdiction over climate-related damages for the first time. The ruling opens the door to holding both public and private actors liable for climate inaction. Continue reading >>
0
14 August 2025
Abusive Feminism in Power
The concept of abusive feminism proves useful in interrogating the true nature of Meloni’s government. Rosalind Dixon defines abusive feminism as the use of feminist language and symbols by authoritarian or illiberal regimes to legitimize anti-democratic or oppressive practices. Crucial is the distinction between a “feminine” government and a “feminist” one: as Dixon warns, the mere fact of having a woman serving as Prime Minister does not, in itself, guarantee the pursuit of a genuine gender equality agenda. Meloni is a case in point. Continue reading >>
0
02 July 2025
Externalising Migration Control
On 20th of May 2025, the European Court of Human Rights declared the case of S.S. and others v Italy inadmissible under Art.1 of the European Convention on Human Rights. The decision marks a missed opportunity. Instead of addressing the question of functional jurisdiction in the context of externalised migration control, the Court found that Italy does not enjoy extraterritorial jurisdiction over a group of irregular migrants whose ship was wrecked on the high seas near the Libyan coast. The ruling is another illustration of how externalised border control and “pull-back” policies are becoming normalised in Europe. Continue reading >>
0
02 June 2025
What Are Human Rights For?
The Danish-Italian public letter to the European Court of Human Rights from 22 May 2025 must be understood in the context of two decades of “crises” in the European human rights regime. None of it is new or unprecedented. What makes it truly troubling, however, is the changed geopolitical context and the focus on migrants and asylum seekers as the most vulnerable. Continue reading >>
0
22 May 2025
Addio, Rule of Law?
Fears are spreading that Italy, too, may be joining the club of EU Member States dismantling the rule of law. In this post, I will discuss three episodes that indeed lay bare a set of enduring constitutional tensions: the “Striano gate”; the “Paragon affair”; and the enactment of a Security Decree. While the actors involved are not the same in each story, the constitutional stakes are analogous: the proper use of coercive powers in a democracy and the traditional dichotomy between freedom and state authority. So, are we witnessing early signs of democratic regression? Continue reading >>
0
15 May 2025
Safe for whom?
The EU’s notion of “safe countries of origin” is on increasingly shaky ground. In a recent Opinion, Advocate General de la Tour suggests that a country can still be deemed safe even when specific groups face serious threats there. This reinterpretation breaks with established case law and risks hollowing out core procedural protections for asylum seekers across Europe. It remains to be seen how this stance will influence the delicate balance between efficient processing and safeguarding fundamental rights. Continue reading >>
0
31 March 2025
Assisted Suicide the Italian Way
More than 5 years ago, the Italian Constitutional Court ruled that assisted suicide must be permitted under specific conditions. Yet, Parliament’s inability to legislate has left this right in legal limbo. Now, recent regional actions could break the deadlock. The Italian region of Tuscany is setting an example for other sub-national legislatures to pass laws on the matter. This blog post argues that constitutional courts, and the ItCC in particular, should not stifle this kind of activism – especially when it steps in to uphold judicial mandates that the national legislature refuses to enforce. Continue reading >>
0