Italy
The Republic of Italy exhibits high-range performance in all categories of the Global State of Democracy (GSoD) framework, except for Rule of Law, where it performs in the mid-range. It is amongst the top 25 per cent in the world with regard to its performance in all factors, except for Freedom of Religion and Electoral Participation. Over the last five years, it has experienced notable declines in Civil Liberties and Freedom of Association and Assembly, although both remain in the high range. Italy has an advanced economy, although its overall economic growth has been stagnant since the 2008 financial crisis - a condition that has been exacerbated by the Covid-19 pandemic, resulting in a precarious economic outlook and high unemployment.
Italy has been characterized by instability and complex governance arrangements due to national unity governments, technocratic governments and a deeply rooted populist political culture that make it difficult for governments to hold power for long periods. High political party volatility has been the norm since the 1990s, when the party system collapsed due to the Tangentopoli scandal. The party system has also become increasingly polarized in recent years around two axes: anti-establishment and mainstream parties, and pro-European and Eurosceptic parties. The perfect bicameralism, referring to the Italian system in which the Chamber of Deputies and the Senate share the same powers in the legislation making process, has also contributed to instability. In recent years, the country has experienced a growing exclusionary debate, especially towards migrants and other minorities such as Roma and LGBTQIA+ persons, which also extends to discussions on the Italian citizenship law. Economic issues are strongly present in the public and political debate due to the country’s public debt, in-work poverty, and the recent reduction in purchasing power. The demographic crisis of an ageing population and its economic effects further present a pressing issue for politics, in particular the debates about the Italian pension system. Italy is further marked by a strong divide between the wealthy North and an economically weaker South.
GSoD Indices show that Italy has made steady progress (from mid to high range) on gender equality over several decades, with notably high scores achieved over the last few years, primarily stemming from the adoption or amendment of laws and policies to promote gender equality in line with EU directives. Yet, barriers including sexism and conservatism – still largely shaped by the Catholic Church – continue to hinder women’s success both in politics and the workforce.
Italy’s relatively strong democratic performance belies some worrying trends. Corruption has always been a key concern, and political corruption has become increasingly entwined with Italian organised crime groups. The pervasiveness of the organised-crime landscape presents a further notable hurdle to the judicial system, despite significant improvements since the 1990s. In the future, it will also be important to watch Freedom of the Press, which is at risk due to threats and attacks towards journalists and a concentration of traditional media ownership. The persistence of exploitation and abuse of asylum seekers and undocumented migrants, as well as the increase in recorded hate crimes and rhetoric may impact Rights. Lastly, consequences of climate change - such as extreme heat and the resulting droughts and wildfires - exacerbate existing problems and affect Italy’s already stagnant economy, in particular water availability and agriculture.
Monthly Event Reports
December 2023 | Chamber of Deputies votes controversial amendment deemed as “gag law”
The Chamber of Deputies (lower house of parliament) approved an amendment banning “full or extract publication of the text of the precautionary custody order until the conclusion of the preliminary investigation or until the end of the preliminary hearing.” The amendment, backed by right-wing parties and centrists from Azione, gives the government the power to change Article 114 of the Criminal Procedure Code. As a next step, approval from the Senate (upper house of parliament) is required for the amendment to go into effect. According to Enrico Costa (centrist opposition party Azione), who has proposed the amendment, the media can summarize and report about the content of precautionary custody orders, but they cannot publish the procedural document verbatim, especially if it contains wiretaps and unverified information. Legal experts noted the uncertainty lies in the term "extract" since it can refer to either a fraction or a summary. Prime Minister Giorgia Meloni links the amendment to the European Directive on the presumption of innocence. Journalists have protested against what they call the “gag law.” Regional journalists' association presidents and the European Federation of Journalists have labelled it a threat to the public's right to be informed.
November 2023 | Government approves new security package
The Italian Council of Ministers approved a security package containing a raft of public order and national security measures. The bill includes greater protection for law enforcement, and increases penalties for violence or threats against police. The package also grants law enforcement officers with authorization to carry service weapons to own firearms privately without any additional license. In addition, the measures would criminalize “possession of material for the purpose of terrorism”, punishable by up to six years in prison, and the distribution of instructions for making explosives to attack public safety, which carries a maximum sentence of four years. Finally, the bill makes road blocking an administrative offence, a disruption tactic commonly used by environmental activists. The bill will be sent to Parliament for a vote as a next step.
July 2023 | State Prosecutor removes same-sex parents from birth certificates
The state prosecutor in Padua ordered the removal of non-gestational mothers from the birth certificates of 33 children to lesbian couples. The order is retroactive, applying to parents who, since 2017, have had children abroad via surrogacy and have registered them in Padua. The ‘unofficial’ parent, now a legal stranger to the child, needs the authorisation of the legal parent to pick up the child from school, make medical decisions on its behalf and has no influence on the child’s future if the legal parent were to pass away. The decision leaves hundreds of families in legal limbo and according to Human Rights Watch affects the right to create a family, enshrined in multiple international legal frameworks ratified by Italy. Such retroactive orders are feared to spread to other regions of Italy, as part of a wider trend of restricting same-sex couples rights led by Giorgia Meloni’s government. A court is expected to rule on the decision in autumn.
May 2023 | New law curtails rights of migrants
The Italian government passed a new law to combat irregular migration, restricting the rights of migrants to seek special protection, access fair asylum procedures, and enjoy freedom of movement. Analysts flagged that the decree is not effective in addressing human trafficking as intended and that it harms migrants already living in Italy. Human Rights Watch has said the authorities introduced the legislative changes through an emergency decree measure and by restricting parliamentary oversight. Rights organizations in Italy also expressed their concern over the authorities’ use of extraordinary measures and the declaration of a state of emergency in April to address enduring and systemic challenges such as migration.
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