15 November 2023
Between Recalibration and Distortion
In its current form, the project to change the form of government that the Italian government headed by Ms Giorgia Meloni is preparing to present to the Senate seems difficult to accept. The project claims to address the issue of unstable and short-term cabinets in Italy (65 in 75 years, one every 12 months from 1948 through 1994 when a new electoral law was applied; still one every 21 months thereafter). Unfortunately, it is both poorly drafted and contains contradictions that make it not only impracticable but of dubious functionality with respect to the very objectives it proposes to achieve. However, as it has been decades since the problem the draft says it wants to tackle has been acknowledged, I shall assume its proponents' good intentions and suugest how the text could be improved. Below I briefly describe the project, trace its distant and recent origins, indicate what it is lacking and how it should be changed. Continue reading >>
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14 November 2023
Offshoring Asylum the Italian Way
On 6 November 2023, the Italian Prime Minister Giorgia Meloni and the Prime Minister of Albania Edi Rama announced the signing of the Agreement for Strengthening of Collaboration in the Field of Migration. The agreement proposes a relocation of asylum seekers who are rescued at sea by Italian vessels to two centres that would be built in Albania and could host up to 3’000 people. This is part of a broader trend whereby European governments seek to move asylum procedures outside of their territory. At the same time, the agreement contains some innovations compared to previous proposals. Indeed, this move has been hailed as a “model and example for other collaboration agreements of this kind” by the Italian Prime Minister. This article contends that this is unlikely to be the case: the legality and feasibility of offshoring asylum procedures remain dubious at best. Continue reading >>27 Oktober 2023
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 >>01 Juni 2023
The Leopard Paradox?
In early May, Prime Minister Giorgia Meloni hosted a roundtable to discuss institutional reforms designed to improve “the stability of governments and legislatures, and respect for citizens’ votes at the ballot box.” A central campaign promise of hers, the reforms are meant to address Italians’ exacerbating distrust of political institutions, rooted in the fact that Italy’s administrations are among the most short-lived in Europe. This adds to its comparatively low levels of ‘clarity of responsibility’. Three options emerged from the discussion. I will briefly discuss the potential and challenges of each option. Continue reading >>
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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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