09 November 2022
Meloni’s Illiberal Anti-Rave Law
Only ten days after it was sworn in and a week after it received the confidence vote from the Parliament, the new Italian government led by Giorgia Meloni presented its first decree-law containing numerous provisions on a variety of issues: health, justice, and security. The decree-law was the first legislative act presented by the new radical right-wing government. Members of the opposition argued that the decree, in particular the anti-rave norm, is a danger to the freedom of assembly of the Italian citizens and that is a law that Putin could have written. Continue reading >>
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13 Oktober 2022
Waiting for Godot
The words of the President of the European Commission during her keynote speech at Princeton University on 22 September have caused quite a stir. Responding to a question about the (then) upcoming elections and the prospect of a right-wing government comprising members related to Putin, Ursula von der Leyen (VDL) surprised everyone with a reference to the well-known situations in Hungary and Poland. Now that the formation of a new Italian government is well underway, this contribution reconsiders the fears fueled by VDL’s statements in light of the past and current context to draw some more general conclusions on the institution’s duty to respect and promote the EU’s founding values. Continue reading >>
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07 November 2021
Counterterrorism measures as a migration control device
While concerns over terrorism have not shaped Italian migration policy in a comprehensive way, the increased use of the administrative measure of expulsion of foreigners for counter-terrorism purposes must be questioned. It poses serious challenges to fundamental rights and rule of law principles and might foster a shift from a punitive to a preventive approach in the field of migration control. Continue reading >>
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08 März 2021
Coping with Disloyal Cooperation in the Midst of a Pandemic: The Italian Response
The activity of the coalition Government between the Five Star Movement (5SM), the Democratic Party and other centre-left junior allies to tackle COVID-19 has been praised by some and severely criticized by others. Looking back at this first year of pandemic, a crucial problem of the Italian management of the disease and the related economic and social crises has been the lack of loyal cooperation; a principle entrenched into the Constitution (Art. 120, second para, Const.), with regard to the relationship amongst the different levels of government. Continue reading >>23 Februar 2021
Call Me by Mum’s Name
In a recent decision, the Italian Constitutional Court took up the question of the choice of surname for newborns. In the absence of legislative reforms, it has tried to adapt the Italian legal framework, which still adheres to traditional naming practices, to constitutional and international standards of equality. This step shows the Court’s intention to counter the Parliament’s inertia on the issue. Continue reading >>
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08 April 2020
Italy’s Coronavirus Legislative Response: Adjusting Along the Way
With one of the highest death rate by population worldwide, Italy has undertaken a series of necessary but very intrusive measures resulting in strong limitations of fundamental rights and liberties. The Rule of Law (ROL) is considered to be “the basis of all genuine democracy” (Statute of the Council of Europe); and in times of emergency, respect for the ROL and adherence to its principles should still prevail. So, what safeguards have been put in place to ensure that the Italian legislative response to COVID-19 provides effective protection of public safety and complies with core Constitutional principles, international law obligations and the ROL? Continue reading >>
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23 März 2020
Fighting COVID 19 – Legal Powers and Risks: Italy
Particularly in the current month of March 2020, Italian authorities have enacted, and gradually intensified and extended, a lockdown on mobility, assembly and economic activities, currently encompassing the entire national territory. Such measures, unprecedented in democratic countries, have met praise by the World Health Organization. From a legal point of view, a vast array of legal instruments has been employed, and some have been crafted for this very occasion (for a complete list, see the references below). We focus here on national initiatives, but also Regions and Municipalities have employed their emergency powers, occasionally creating problems in coordination. Continue reading >>10 April 2017