On February 4 and 5, the Italian network «A Pieno Regime – No DDL Sicurezza» was at the European Parliament, together with other NGOs and representatives of the Italian government opposition parties. They expressed their concerns against the Security Bill 1236. The text is currently being discussed in the Senate as it has faced criticism. Both President Sergio Mattarella and European institutions have requested modifications to the bill.
The bill was first rejected in September by the Organization for Security and Co-operation in Europe (OSCE), which had requested a review of the most freedom-restricting norms. On December 16, 2024, the Council of Europe Commissioner for Human Rights, Michael O’Flaherty, sent a letter to the President of the Italian Senate, Ignazio La Russa, asking Italian senators to refrain from accepting the bill to ensure compliance with the Council of European human rights standards. The concern was that several articles of the bill (specifically articles 11, 13, 14, 24, 26, and 27) introduce vaguely defined offenses and severe restrictions, potentially leading to arbitrary application. La Russa commented O’Flaherty request as an “unacceptable interference”.
While supportive of certain environmental goals, Prime Minister Giorgia Meloni has criticized aspects of the EU’s Green Deal, describing its approach as “ideological”. For the right-wing Italian government, environmental activism equals ideological extremism, and protests are a threat to public order and security. Blocking roads or railways by obstructing them with one’s own body would shift from an administrative offense to a criminal offense; pregnant women or mothers of children under one year of age would be denied legal protection to delay serving their prison sentences; stores that sell SIM cards would be required to ask for a copy of the residence permit from customers who are not citizens of the European Union, and those who do not comply with this regulation risk having their store closed for a period of five to thirty days; passive resistance in prisons and migrant detention centres (CPR) would be criminalized as well as protesting against major works and strategic infrastructure; penalties for assaulting public officials would increase up to 16 years in prison compared to current laws. These measures are part of the new Italian ‘security bill’ (also known as ‘Bill 1236’) consisting of 38 articles that would change the Italian penal code creating up to 20 new offenses and increase prison sentences. The above-mentioned measures are considered most controversial and are currently under a difficult phase of close scrutiny.
“Those who obstruct security measures are effectively supporting those who burn police stations and cars, and attack police forces” says Maurizio Gasparri, current leader of Forza Italia in the Senate, interviewed by Fanpage. He then continues his criticism by asserting that there is indeed a security emergency in Italy, citing violent demonstrations by far-left groups, the historical so-called left-wing bias among magistrates and judges, and increasing criticisms against the national gendarmerie.
The decree has in fact become the main focus of the three prominent right-wing political parties in Italy, FdI (Fratelli d’Italia), Lega and FI (Forza Italia). They all met with the government at Palazzo Chigi (official residence of the Italian Prime Minister) in January to push for its swift approval in the Senate despite the strong reservations of the Head of State Sergio Mattarella, after it was passed by the Chamber of Deputies on September 18th, 2024.
The Trojan horse of security regulations
The security bill has been circulating in parliamentary chambers for over a year now. Critics see this draft bill as a rhetorical tool of the far-right to effectively silence opposition forces and advance their own political agenda, rather than an interest for greater national “security”. Several European officials, together with legal experts and climate activists, have expressed concerns about the bill’s compatibility with EU norms and human rights standards. On February 4th, during a press conference at the EU Parliament, Luca Blasi, the spokesperson for the national network against the security bill «A pieno regime», reported fears and warned about an authoritarian turn in the country. Participating in the conference in Brussels are also MEPs Benedetta Scuderi and Mimmo Lucano of AVS (Alleanza Verdi e Sinistra/Green and Left Alliance), and the secretaries and leaders of AVS Angelo Bonelli and Sinistra Italiana (Italian Left) Nicola Fratoianni. “Demonstrations in the streets and voicing one’s opinions will become increasingly difficult; it is an attack on the right to dissent”, declares Ilaria Masinara, spokesperson for Amnesty International Italy. The introduction of a new offence for inmates who engage in passive resistance in prisons and migrant detention centers (CPRs) is also considered paradoxical, especially given that Italian prisons are already severely overcrowded (an average overcrowding rate of 119 percent).
The bill introduces stricter conditions for evictions, a measure that has drawn criticism in the context of Italy’s ongoing housing crisis. Critics argue that, rather than addressing the root causes of the crisis—such as the unregulated real estate market and the tourism industry’s impact on rising rental prices—the bill focuses on punitive measures. Specifically, it introduces new penalties for squatting. This approach has sparked further debate, as Italy’s Constitution does not explicitly recognize the right to housing as a social right. The alarm comes not only from NGOs but also from opposition parties such as AVS (Greens and Left Alliance) MEP Benedetta Scuderi who reports to Parliament the concern about Italy’s similarity to Hungary, and Angelo Bonelli who requests that Italy should come under close scrutiny for human rights violations, as well as Cecilia Strada (PD) who raises the alarm for Italy’s democratic fate.
The “Anti-Gandhi norm” and reduced culpability for police forces
Presented by Minister of Justice Carlo Nordio, together with the Minister of the Interior, Matteo Piantedosi, and the Minister of Defense, Guido Crosetto, the bill seems to have been designed around certain categories against which Meloni’s government wants to take a stand. Those who demonstrate for the climate or against the construction of major public works and injustices (No-TAV, Strait of Messina bridge, the genocide in Palestine) are subtly called out in Article 14 with the “Anti-Gandhi norm” which owes its name to the fact that it targets peaceful protests, civil disobedience and punishes passive resistance. According to Article 26, anyone in prison who participates in or, worse, organises a peaceful revolt, risks from 5 to 8 years in prison. Even migrants locked up in repatriation centres cannot protest. Migrants held in CPRs are under administrative detention, not criminal custody. By denying these individuals the right to protest, the government potentially creates a situation where any form of resistance or unrest could be used as justification to transfer them to actual prisons.
Article 21 is appalling given that Italy has witnessed several high-profile cases of police brutality resulting in deaths and triggering public outrage and legal battles. Federico Aldrovandi (18-years-old) was killed on September 25th 2005, by four police officers who used unjustified violence during a routine stop. Stefano Cucchi (31-years-old), died on October 22, 2009, while in custody. In both cases, initial cover-ups and delays in justice occurred, with convictions coming years later. Aldrovandi’s killers received four year sentences in 2012, while the Cucchi case saw two officers sentenced to 12 years in prison in 2019. These cases, along with others like Carlo Giuliani’s death during the 2001 G8 protests, have highlighted systemic issues within Italian law enforcement, including a lack of accountability and the absence of torture as a specific crime in the Italian penal code. Therefore, in Article 21 police forces will be equipped with body cams but it is up to the law enforcement to decide whether they have to wear them or not. Amnesty International Italy calls for the introduction of identification codes on helmets for law enforcement in case of violence complaints. The general fear is that the State will start to resemble a police state that identifies the dissident as an enemy.
According to the Senate’s timetable, the Security Bill will be debated in early March, provided that the Constitutional Affairs and Justice Committees finalise their examination. However, proceedings have advanced at a notably slow pace in recent weeks, due to ambiguity regarding the government’s approach to addressing potential constitutional inconsistencies identified within the legislation
Giulia Penta
- Giulia Penta#molongui-disabled-link
