Introduction 

In recent years, the world observes democracy’s decline and the increasing political legitimacy of some policies and parties. The changing systems that form the framework of democratic accountability, which they call “rule of law,” continue to weaken or neglect the provisions of the democratic state. The NGO Liberties is a team of human rights and communications experts, which provides this independent, in-depth analysis of systemic challenges for European Union member states. The Report, established as “shadow report” to the European Commission’s own annual audit, operates in six areas: Justice System, Anti-Corruption, Media Freedom, Checks and Balances, Civic Space and Human Rights. Apart from individual country reports, the Liberties document includes detailed recommendations addressed to national governments and EU institutions.

Justice System

The regression compared to the previous year is the result of behavior that deeply “undermines the rule of law, promoting an authoritarian and extremely repressive approach” that reduces trust in the operation of the system. The problem of appointment and selection of judges is one of the main factors affecting the state of the Constitutional Court. The political impasse and lack of consensus at the political level affects the lack of agreement in selecting a suitable candidate without whom the functioning of the Court may paralyze or jeopardize its efficiency. 

Newly proposed reforms, including proposals to separate the careers of judges and prosecutors or the government's proposed legislative reforms are considered a threat to the independence of the judiciary. In addition, the proposed punishments and accountability - through financial and disciplinary penalties for wrongful detention - would be unlawful.

Great pressure and sense of threat imposed by executive or government representatives result in deteriorating public trust in judicial independence. This is exemplified by the case of Judge Iolanda Apostolico, who issued a decision contrary to Italian law, according to the authorities. Despite objecting and arguing that the regulation contradicted EU directives, the judge resigned after being attacked on social media by Prime Minister Meloni and Minister Salvini, who asked for her resignation.

Other significant considerations concerning the Quality of Justice are: 

• Inaccessibility of courts caused mainly by financial problems and language barriers,
• the inefficient judicial training system and the declining number of candidates, 
• the improving though belated digitization of criminal and civil trials, 
• the length of proceedings.  

Furthermore, with the introduction of Decree Law No. 92/2024, known as the "Prison Decree," it was expected that measures would be put in place to increase respect for human dignity and encourage access to alternatives to imprisonment. Following its failure, the decree provided additional action directives at these facilities. 

In the end, the report submitted miscarriages of justice leading to wrongful imprisonment showing high percentage confirming poor judicial decisions. Similar to the quality and accessibility of judicial decisions resulting from lack of Italian language skills and the cost of translators, both cases demonstrate the problems of the current Italian judicial system. 

Anti-Corruption Framework 

Contrary to the position “indicating a significant corruption problem” in the Corruption Perceptions Index, there has been no progress on adopting new lobbying regulations or establishing an operational lobbying register. As prevention, Minister Cartabia introduced judicial reforms including changes to the Supreme Council of Magistrates representing yet unmeasured impacts. 

In an evaluation report published by the Council of Europe’s Group of States against Corruption (GRECO), the institution outlined 19 recommendations. The outlined shortcoming in Italy’s legal framework for combating corruption is the absence of a dedicated regulatory authority with exclusive jurisdiction to prosecute those cases. The situation of general transparency of public decision-making is unclear. Similarly, the legislation addressing conflicts of interest comprehensively is yet to be enacted and needs immediate adoption. 

The highest risk of corruption sectors are Public Procurement, Construction and Infrastructure and lastly Law Enforcement and Judiciary. As prevention, a public procurement code was put into place (Legislative Decree No. 36 of March 31, 2023) applying to public tenders for work, services and supplies. 

Nevertheless, the Decriminalization of Abuse of Public Office was presented as a bill by the Council of Ministers. The approved law (No. 114/2024, the so-called Nordio Law) modified the Italian Criminal Code and abolished the crime of abuse of office. It was justified as a way to reduce the burden of administrative proceedings and investigations involving public officials. However, the failure to implement any replacement measures undermines systemic efforts to effectively combat corruption. 

In conclusion, anti-corruption efforts in Italy face institutional and enforcement problems that result, among other things, in the use of political influence over cases.  

Media Environment and Media Freedom 

In 2023, a controversy erupted in Italy over the acquisition of the AGI news agency by the Angelucci Group, which sparked numerous protests from journalists and media freedom organizations. Concerns were raised about the potential threat to journalistic independence, as this transaction could lead to greater media concentration in the hands of a single entity, potentially undermining media pluralism in Italy. In response to these concerns, opposition parties filed a complaint with the European Commission, arguing that these changes could be in violation of European standards on media freedom.

Italy also faces the problem of media ownership opacity, which results in significant difficulties in identifying the true owners of media outlets. Despite efforts by the media market regulator, AGCOM, this system remains insufficiently transparent. Italy has one of the highest levels of media concentration in Europe, with large media groups controlling most of the news channels, which reduces pluralism and media independence. Furthermore, in 2024, the number of attacks on media freedom in Italy reached a record high of 130, including physical attacks, legal intimidation, and cyberattacks.

Italian public media, especially RAI (Radiotelevisione Italiana), have become the subject of intense political interference. According to regulations, part of RAI's board is appointed by politicians, which increases the risk of politicizing the institution. Journalists at RAI are often under significant political pressure, leading to self-censorship in their reporting. Examples of such self-censorship include cases like the cancellation of a monologue by journalist Scurati, which was supposed to be broadcast on the program "La Vita in Diretta." Additionally, changes in tax regulations affecting public media funding have made them increasingly dependent on political decisions.

Check and Balances 

No progress has been made in establishing functional and independent institutional bodies for the protection of human rights, in line with UN Resolution No. 48/134 of 1993. In addition, there is no significant progress in establishing a National Human Rights Institution (NHRI) while taking into account the UN Paris Principles, despite Italy being one of the few EU countries that does not have one.

In 2022, the bill of creation of an Authority for the Protection of Data and Human Rights as an expanded version of the existing Data Protection Authority, was introduced. The proposal, despite being stalled in the Senate Constitutional Affairs Committee, does not provide clear guidelines for authorities on how to deal with Human Rights beyond the digital sphere. Experts have emphasized that an independent NHRI would be a preferable solution to ensure an effective approach to the protection of Human Rights in Italy. Advocacy groups and organizations have expressed concerns over the absence of such a body, undermining the country's ability to address systemic violations and fulfilling its international obligations. 

The Meloni government has proposed the introduction of a controversial "Premierato" reform, which would allow for direct elections of the prime minister. This reform also includes simultaneous elections for both chambers of Parliament, which critics argue could weaken the role of Parliament and concentrate power in the hands of the prime minister. This change has raised serious concerns about power concentration and further weakening of democratic institutions in Italy.

Civic Space  

Civic space in Italy has been significantly restricted in recent years, particularly in the context of non-governmental organizations. The introduction of new regulations in 2023, such as the Piantedosi decree (Law Decree No. 1/2023), tightened control over the activities of organizations, especially those engaged in rescuing migrants in the Mediterranean Sea. This decree introduced stricter rules regarding the detention of rescue vessels operated by NGOs, leading to their detention by Italian authorities and sanctions. In 2024, these regulations were further tightened, and NGOs involved in migrant assistance faced even greater restrictions, raising serious concerns about the adherence to humanitarian principles.

These regulations not only restrict the activities of NGOs but also introduce new restrictions on the freedom of assembly. An example of this is the introduction of new regulations that could significantly hinder the organization of protests, especially those of an environmental nature. In 2024, several brutal police interventions occurred during protests, including environmental demonstrations. In response to these events, the government introduced a draft law that proposes stricter penalties for participation in protests. These changes could further limit the space for freedom of expression and organizing demonstrations.

Disregard of Human Rights Obligations and Other Systemic Issues Affecting the Rule of Law Environment 

Despite ongoing globalization, Italy faces an increasing problem with hate speech, especially online. In 2023, studies revealed a significant rise in offensive and discriminatory content, particularly targeting migrants, racial minorities, LGBTQIA+ individuals, and activists. Hate speech has become a serious threat to social integration and national cohesion. In 2024, online hate speech increased further. Amnesty International’s research in Italy found that 15.3% of online content analyzed was offensive, discriminatory, or incited hatred, which represents a significant rise compared to previous years. In 2024, attacks on journalists, activists, and civil society organizations defending human rights, especially in the context of women's and minority rights protection, also increased.

The problem of hate speech is also evident in the political arena, where an increasing number of politicians and political groups use hate speech as a tool to mobilize support. Cases of stigmatizing minorities have become more frequent, which only deepens social and political divisions within the country. Furthermore, the authorities have still not taken effective action to combat homophobia, biphobia, and transphobia. After the rejection of the so-called Zan Bill (which addressed homophobia, biphobia, and transphobia) in the Senate in October 2021, the issue disappeared from political debate, deepening the sense of a lack of accountability for violations of LGBTQIA+ rights in Italy.

Conclusion 

The current situation in Italy points to significant threats to the adherence to the rule of law principle. Restrictions on media freedom, increasing concentration of power, pressure on the judicial system, anti-corruption problems, weakening of the balance of powers, and the limitation of civic space are factors that threaten the democratic foundations. Additionally, hate speech, the lack of effective human rights protection, and systemic issues with minority rights, including LGBTQIA+ rights, pose significant challenges to the Italian rule of law. Further reforms are necessary to ensure full protection of human rights, media transparency, and the independence of state institutions, so that Italy can fully meet its international obligations and maintain a strong culture of the rule of law.