Assessment of the Rule of Law in Italy 

The European Union’s annual report on the rule of law is based on the principle that public authorities act within the limits set by law, under the oversight of independent judges, and in accordance with fundamental rights. Each year, this report analyzes—through several key pillars, such as the judicial system, the anti-corruption framework, media pluralism and freedom, and the balance of powers—how a given country is progressing in upholding and consistently developing these principles.

With regard to Italy, the report noted that, within the judicial system, there has been an improvement in the digitization of first-instance criminal proceedings and in staff recruitment. Furthermore, although the duration of proceedings is decreasing, the length of cases remains a structural problem. It is also worth noting the failure to implement the separation of judicial careers due to the referendum’s negative outcome.

As for the anti-corruption framework, a new national strategy (2026–2028) has been adopted, and a single portal for procurement transparency has been launched. However, reforms regarding conflicts of interest—as well as the financing of political parties through donations—remain stalled.

The Communications Regulatory Authority (AGCOM) maintains its independence, and, as noted in the report, its implementation and financial capacity have also been strengthened. However, concerns have been raised regarding the increase in attacks and intimidation against journalists. 

Numerous concerns also remain regarding the growing number of decree-laws (DL), which are being misused. The report also reveals that a body dedicated to protecting human rights has not yet been effectively established.

In the following sections, these key pillars will be analyzed in greater detail, highlighting Italy’s challenges, points for reflection, some emblematic examples, and the possible solutions proposed by the European report.

The Judicial System

The efficiency of the Italian judicial system is identified as a weak point in the European report. Although improvements have been noted in connection with the National Recovery and Resilience Plan (PNRR)—particularly thanks to the legislative decrees of the so-called Cartabia Reform—inaccuracies and delays still persist.

In the civil sector, there is a downward trend in the average duration of proceedings and the number of pending cases. A significant example in this regard is the Office for the Trial Process (UPP). The positive impact of this initiative lies in the temporary assignment of young legal professionals to assist judges, which not only provides these young professionals with the opportunity to gain experience but also lightens the judges’ workload by assisting them in drafting rulings and expediting the preparation of hearings. Nevertheless, the report raises an important question: the issue of permanent employment for these young professionals once PNRR funds run out. It is therefore legitimate to ask whether such permanent employment will ever materialize.

Significant steps toward making electronic proceedings mandatory in the first instance have been successfully completed. In addition, various competitive exams have been held to recruit new staff, both administrative and judicial.

However, in southern courts and in some outlying locations, the report notes that the staffing shortfall still exceeds 20%.

The report also analyzes the progress of the constitutional reform bill aimed at separating the careers of trial judges and prosecutors (amendment of Articles 104–105 of the Constitution), with the creation of two distinct Superior Councils of the Judiciary. The report highlights the difficulties of this process, citing the confirmatory referendum held in the past

The Anti-Corruption Framework 

The perception of corruption in the public sector remains relatively high and stable over the past few years. This report highlights how, in 2026, the National Anti-Corruption Authority (ANAC) adopted the new anti-corruption plan. This plan is based on a multi-year strategy, structured around targets, actions, and indicators. Its main pillars concern public procurement, ineligibility and incompatibility for public officials, and administrative transparency.

The criminal law framework has undergone significant adjustments, which have been reviewed by the Constitutional Court. With regard to Article 346-bis of the Criminal Code (trafficking in illicit influence), in December 2025 the Constitutional Court (Judgment No. 185/2025) ruled that the law narrowing its scope of application does not violate either the Constitution or international conventions.

As for the repeal of the offense of abuse of office (Article 323 of the Criminal Code), this had already been deemed constitutional in 2025. To date, this repeal has been accompanied by the introduction of the offense of “improper allocation of money or movable property.” In light of these changes in criminal law, civil society, the judiciary, and ANAC are calling for the introduction of additional administrative or disciplinary measures to ensure there are no gaps in protection.

In January 2026, the Report notes the entry into force of the reform of the Court of Auditors (Law No. 1/2026), which introduces significant changes. First, if the Court of Auditors does not issue a ruling within 30 days (extendable to 90) on award decisions subject to prior review, public authorities cannot be held liable. This mechanism has been extended to PNRR contracts and local authorities. Furthermore, the heads of political bodies are deemed to be acting in good faith if they adopt measures proposed, approved, or signed by technical/administrative managers with a favorable opinion, provided there is no intent to defraud. Additionally, the definition of “gross negligence” has been clarified and narrowed, capping compensation at 30% of the damages or a maximum of two years’ salary.

In April 2026, the Court of Auditors itself raised a question of constitutional legitimacy before the competent court, fearing a weakening of the effectiveness of controls over public spending.

In November 2025, ANAC issued guidelines on internal reporting channels. In September of the same year, the single transparency portal was also launched, aimed at monitoring transparency in public contracts—a sector that still presents challenges.

Media Pluralism and Freedom 

The Communications Regulatory Authority (AGCOM) continues to operate independently. Its self-financing system, based on contributions paid by entities subject to its regulation, was amended by the 2026 budget law to enhance its independence and stability. As for the governance and funding of RAI, a bill aimed at reforming both aspects is currently under discussion in the Senate, with the goal of bringing RAI into line with the European Media Freedom Act. The changes include: 

• Extending the terms of office for Board of Directors members
• Eliminating the government’s power to directly appoint members of the Board of Directors
• The introduction of a cap on annual reductions in the RAI license fee

The delay in electing a chairperson for the Board of Directors highlights how RAI has lacked safeguards to prevent deadlocks or political interference. The current government, as reported in the Report, has planned a cut of 10,000 euros in public funding to streamline costs. Many entities, such as RAI, have argued that this move poses a risk to the company’s competitiveness and financial sustainability. 

Public support for the media sector is provided primarily through the Single Fund for Pluralism and Digital Innovation. The report therefore recommends revising the criteria for allocating funds in order to prevent an information desert at the local level. It also highlights that, due to low wages in this sector, those involved—such as journalists and freelancers—remain at risk, poorly paid, and lacking economic protection.

One statistic from the report worth reflecting on concerns journalists: in June 2026, there were 29 journalists under police protection. In the second half of that same year, further attacks were recorded, including both the use of explosives (the Ranucci case) and outright physical assaults on newsrooms. Finally, the report notes that the introduction of comprehensive legislation against acts of defamation targeting journalists remains an uncertain prospect.

Institutional Checks and Balances 

With regard to institutional checks and balances, however, the report highlights developments and critical issues concerning the balance of state powers, the impact of urgent legislative processes, and the role of independent bodies. The bill for the so-called “premierato” is currently under consideration by Parliament; concerns have been raised about the weakening of the powers of the President of the Republic, not to mention the reduction in Parliament’s role as a check and balance.

As predicted, concerns have arisen regarding the improper use of decree-laws. In particular, the report notes that this limits parliamentary debate and the use of amendments, reducing Parliament to a mere ratifying body.

The report also notes delays by Parliament in implementing the adjustments required by the Constitutional Court, which create legal uncertainty in the areas of fundamental rights and criminal justice. The bill to separate the careers of judges into trial judges and prosecutors, and to create two distinct Judicial Councils, sparked considerable debate, highlighting the risk of the judiciary potentially becoming subject to the executive branch. Despite this, the referendum proved to be one of the best instruments for public consultation, definitively rejecting this proposal.

Italy remains one of the few European countries without an official body for the protection of human rights that complies with the Paris Principles. Despite the numerous proposals put forward, they have all consistently stalled in Parliament, leading once again to the country being reprimanded by the European Union. NGOs operating in the field of search and rescue at sea continue to face difficulties and restrictions. These restrictions stem from the enforcement of the Code of Conduct (CoC) and the requirement to use “safe ports” located far from their areas of operation, resulting in increased costs.

Furthermore, there has been an increase in legislative attempts to hinder dissent and the right to form associations. In particular, it is noted that penalties have been increased for those who demonstrate or protest in groups, for example by blocking roads or participating in traditional street marches.

Conclusions 

In conclusion, the European Union Report remains one of the most authoritative sources on the international stage. It offers insights and a critical yet constructive analysis. These are presented here with the aim of fostering reflection and change. Italy still has much work to do, especially in the areas of justice and the protection of fundamental rights. Finally, it is important to note that many of the initiatives that have played a positive and growth-oriented role—as reported in the Report itself—originated from grassroots movements, from the people who have actively participated in political life.