Top-down security is democratic insecurity
15 April 2025
Right-wing governments love fast, undisturbed decision-making. Unfortunately for them, democracy tends to be a bit messier than that. Debates, lots of them, usually happen before a bill becomes law. Parliament, civil society, the media… everyone gets a say.
But some governments just don't have the patience for all that and find ways to bypass those 'hurdles'. The trick? Repackage the bill as a non-modifiable, urgent decree, enforceable immediately, no questions asked.
That's what happened last week in Italy to a new set of internal security measures. They substantially modify the penal code, adding new crimes and strengthening punishment for old ones.
The bill, announced by Giorgia Meloni's government in 2023, was presented for parliamentary approval at the beginning of 2024. The process, however, became long and complex amidst public criticism and accusations of authoritarian repression of dissent.
According to the OSCE, "the majority of the provisions carry the potential to undermine the fundamental tenets of criminal justice and the rule of law", as they are likely to erode the prevention of ill-treatment and the rights to fair trial, liberty, peaceful assembly, expression and movement. Of particular concern are measures criminalising protests and strengthening legal protection for police officers.
Bypassing the parliament, the government emitted a decree with the same measures included in the bill. They gained immediate effect and are thus enforceable. The parliament now has 60 days to transform them into a permanent law. If it fails to do so, the whole plan will become void, which creates a sense of urgency and limits time for discussion by opposition parties.
 | Ludovica Di Meco According to the Italian constitution, the executive can use decrees to address a situation so urgent and necessary that it is not possible to wait for long parliamentary debates. This was especially relevant during the Covid-19 pandemic. But while the emergency is over, the habit persisted: the use of decrees as a substitute for legislative production has, in fact, intensified. Meloni's government utilised such instruments more than any previous administration, in fields ranging from culture to foreign policy to education. On average, she issues around three decrees per month, for a total of 84 as of January 2025 – 20 more than the ordinary laws approved by standard procedure. Such practice weakens the parliament and undermines democratic institutions: it is not a coincidence that the Liberties Rule of Law Report 2025 indicated Italy as among the countries undermining the rule of law in Europe. |
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