Introduction

The 2026 Rule of Law report released by Liberties aims at providing the European Commission with an independent and accurate analysis of the state of rule of law in 22 Member States of the European Union. The report focuses on the following areas: justice system, anti-corruption framework, media freedom, checks and balances. Among the 22 States analysed in the report there is Italy.

Italy: overview 

The analysis, conducted by Liberties with the collaboration of the Italian Coalition for Civil Liberties and Rights (CILD), Antigone, Osservatorio Balcani e Caucaso Transeuropa (OBCT) and StraLi (STRAtegic LItigation) highlights the slow erosion of the rule of law and of the civic space in Italy that has occurred since Giorgia Meloni took office as Prime Minister in 2022. Central to this trend of erosion is the expanding process of criminalisation, which reached its peak with the Security Decree, targeting and silencing activists and minorities. Moreover, migration policies have become increasingly restrictive, despite being often contested by courts. Search and rescue (SAR) operations have been seriously affected by these measures, which caused a rise in the number of deaths in the Mediterranean. 

Further concerns included the Almasri case and the threat of free journalism, exemplified by the bomb attack against “Report”’s journalist Sigfrido Ranucci. 

In 2025 the Italian government strengthened institutions and reduced responsibilities of public officials, but, on the other hand, it repressed dissenting opinions and increased criminalising policies against minorities and migrants and political pressure on magistrates. 

Since 2022 civil society and international organisations have reported growing concerns about a gradual decline in the rule of law and a shrinking civic space marked by increased repression of dissent. According to Liberties, if acknowledged at the EU level, these developments could potentially trigger mechanisms under Article 7(1) of the Maastricht Treaty. The report also underlines Italy’s difficulties in complying with EU law, as reflected in 69 infringement procedures and delays in implementing key directives, including those related to media freedom. 

Justice system

In the analysis of the Italian justice system, the report highlights both limited progress and persistent structural challenges. 

Despite the positive recruitment of judges and staff,  the lack of measures to stabilise staff members hired under the National Recovery and Resilience Plan (PNRR) raises serious concerns: if contracts won’t be renewed, recent improvements in judicial efficiency could get lost. 

Further challenges affect the efficiency of proceedings: the digital case management system for criminal courts significantly suffers from ongoing technical deficiencies, such as data loss and operational failures, which have caused delays and forced prosecutors to repeat procedural steps. Repeated delays in its full implementation, together with the temporary derogations introduced in 2025, risk creating territorial disparities and undermining the overall coherence of the reform.

Structural weaknesses are also evident in the organisation of lower courts: the guarantee of a reasonable length of proceedings is undermined by systemic issues, insufficient training and understaffing. Moreover, the institutional balance and the independence of judicial protection are at risk, also due to reforms about judicial accountability proposing the expansion of the role of the executive power.

Liberties also examined a constitutional reform, approved by the Italian Parliament in October 2025, aimed at the separation of the careers of judges and public prosecutors. The reform was then the object of the confirmatory referendum of March 2026, in which the majority of the electorate voted “no”. The reform has raised concerns and criticism about possible increases in political influence over the justice system, particularly in the context of tensions between the judiciary and the government. 

One more critical situation reported by Liberties regards the prison system. Italian prisons are facing severe overcrowding, a problem that the Italian State has failed to solve through reforms, including the “Prison Decree” (Decree-Law No. 92 of 2024), which was ineffective. 

Following the adoption of the “Caivano Decree”, aimed at the expansion of the use of pre-trial detention and at the reduction of alternative measures, the situation in juvenile prisons worsened, leading to a significant increase (over 44%) in the number of minors and young adults held in detention (around 568 young people as of 15 December 2025, with a peak of 611 prisoners in March 2025). 

The current situation raises concerns about the system’s rehabilitative capability; in fact, Italy has also faced repeated condemnations by the European Court of Human Rights (ECtHR) for violations related to detention conditions.

Overall, Liberties’s report portrays a justice system facing serious structural and operational issues: persistent inefficiencies and weaknesses are undermining the system’s functioning. 

Anti-corruption framework

According to Liberties, Italy’s anti-corruption framework shows signs of both progress and regression, comprehensively pointing towards a gradual weakening. 

In 2024, Italy scored 54/100 in the Corruption Perception Index by Transparency International, dropping ten places, indicating a slowdown in previous progress. This trend is linked to the reduction of safeguards and the abolition of the criminal offence of abuse of office, which weaken the system’s ability to prevent undue influence and pressure over public-decision making. 

Concerns about transparency also persist in the management of funds under the National Recovery and Resilience Plan (PNRR), partly due to inconsistent access to relevant data. More broadly, Italy continues to lag behind other European countries in regulating lobbying and conflicts of interest. While the National Anti-Corruption Authority (ANAC) remains a positive case, particularly in enhancing procurement transparency through digital tools, its potential is partly limited by the complexity and fragmentation of the broader regulatory framework.

Limited progress has been achieved in implementing the European Commission’s recommendations, with several initiatives remaining stalled or weakened during the legislative process.  The reform on conflicts of interest, currently pending in Parliament, has already been diluted through amendments that raise thresholds for incompatibility, while also delegating broad powers to the government. Similarly, proposed lobbying regulation risks being undermined by exemptions and institutional uncertainties regarding the designation of the supervisory authority, with concerns raised over assigning this role to the National Council for Economics and Labour (CNEL).

Progress on political financing transparency remains limited: the absence of a unified public register further fragments access to information, forcing reliance on dispersed sources and civil society monitoring.

Additional gaps concern whistleblowing protections, where ambiguities in the legal framework and limited practical use persist, despite guidance issued by the National Anti-Corruption Authority (ANAC) and the lack of effective “revolving doors” rules. Current restrictions are weak and do not adequately cover key actors, such as political advisers, leaving significant risks of conflicts of interest unaddressed.

This weakening trend is confirmed by recent judicial developments. The Italian Constitutional Court upheld both the repeal of abuse of office and the restrictive reform of influence peddling, acknowledging the resulting gaps in protection, but deferring to legislative discretion. At the same time, the Court emphasised the need for a comprehensive lobbying framework to clearly distinguish legitimate advocacy from illicit influence.

The 2025 reform of the Court of Auditors raises further concerns, as it restricts public officials’ liability  and relies on “silence-assent” mechanisms in procurement, as well as limiting financial compensation for damages. 

Altogether, while some institutional mechanisms remain in place,  the combination of stalled reforms, weakened legal protections, ongoing transparency shortcomings and incomplete implementation of key recommendations suggests a gradual erosion of Italy’s anti-corruption framework.

Media freedom

The report highlights a deteriorating environment for media freedom in Italy in 2025, characterised by increasing pressure on journalists and structural weaknesses in the regulatory framework. In this tense environment, journalists are subject to legal and physical attacks and smear campaigns by political actors, aimed at discouraging critical reporting. A particularly concerning development is the emergence of spyware and surveillance targeting journalists, which poses serious risks to both press freedom and the safety of media professionals.

Italy has made little progress in aligning its legal framework with European standards: there has been no effective implementation of the European Media Freedom Act (EMFA), particularly regarding the protection of journalistic sources (Article 4), nor of the Anti-SLAPP Directive (Strategic Lawsuits Against Public Participation). There are unresolved issues, such as the use of preventive interceptions, which are a source of concern due to their lack of transparency and potential impact on the right to defence.

Public service media, notably RAI, continue to face significant challenges; independence is threatened by political interference and financial choices. 

Attempts at reforming the system haven’t been successful so far, leaving Italy non-compliant with Article 5 of the EMFA on financial independence. Although proposed reforms aim at limiting fee reductions, these safeguards are insufficient. Moreover, the reduction introduced by the 2026 Budget Law further weakens RAI’s financial position and its capacity to fulfil its public service role.

Liberties has also identified several gaps in the European Commission’s assessment. There are persisting concerns about media concentration, particularly in relation to potential acquisitions involving major media groups, which could affect pluralism and editorial independence.

During the 2025 referendum campaign, civil society organisations reported limited media coverage and alleged censorship on RAI, while political actors encouraged abstention. Despite the intervention of the Autorità per le Garanzie nelle Comunicazioni (AGCOM), voter turnout remained low (30.6%) and none of the referendum proposals passed.

A major new issue in 2025 concerns the use of spyware against journalists. Investigations revealed that several individuals, including journalist Francesco Cancellato, were targeted with Paragon spyware (“Graphite”) and similar cases involved other journalists, such as Ciro Pellegrino. Government authorities have shown limited willingness to investigate these events and parliamentary oversight bodies have denied domestic responsibility without leading to further action. Ongoing judicial proceedings have yet to clarify the full extent of the surveillance.

The report depicts a media environment under increasing strain, marked by insufficient legal protections, limited reform efforts and emerging threats, such as surveillance technologies, all of which raise serious concerns about the future of press freedom in Italy.

Check and balances

The report describes civic space in Italy as increasingly restricted and classifies it as “obstructed”, placing Italy at a level which could be compared to that of Hungary. Civil society organisations (CSOs) have identified three main drivers of this trend: the adoption of security-oriented legislation, the growing criminalisation of protest and the use of spyware and other forms of intimidation against journalists and activists.

Despite longstanding international obligations, the absence of a National Human Rights Institution (NHRI) remains the most significant institutional gap. In fact, the recent steps toward the establishment of a monitoring mechanism are linked to the implementation of the EU Pact on Asylum and Migration rather than a broader commitment to human rights protection. The Italian government has proposed assigning this role to the Data Protection Authority, supported by additional funding and resources. However, this solution has raised concerns among CSOs regarding both its independence and suitability, especially as it bypasses existing bodies, such as the Guarantor of the Rights of People in Detention. Recent allegations of political influence within the Authority itself have further heightened concerns. This response is partial and potentially inadequate and risks weakening the effectiveness of human rights oversight. 

The analysis conducted by Liberties also highlights the increasing criminalisation of solidarity, particularly affecting search and rescue (SAR) organisations operating in the Mediterranean. Legislative measures, including the Piantedosi Decree and Flow Decree, have led to administrative detentions and financial sanctions against NGOs and aircraft involved in monitoring operations in the Mediterranean Sea. These measures have been occasionally suspended by courts, but their cumulative impact has seriously hindered rescue activities, making migration routes more dangerous, with NGOs being blocked in ports for hundreds of days. 

At the same time, cooperation with the Libyan Coast Guard has continued, including through the renewal of the Italy-Libya Memorandum of Understanding, despite documented human rights violations. Moreover, the controversial return of Libyan General Almasri to Libya, in spite of an International Criminal Court warrant, has further raised concerns about compliance with international law.

Restrictions on civic space are also evident in the regulation of protests: the adoption of the 2025 Security Decree introduced new criminal offences and harsher penalties affecting activists. These provisions have already been applied in several cases, including against workers, pro-Palestinian demonstrators, migrants and even minors who participated in protests, drawing attention to disproportionate repression and its effect on civic participation.

The lack of progress on the protection of LGBTQIA+ rights reflects the current situation of fundamental rights. No legislative advances have been made regarding same-sex marriage or anti-discrimination laws, notwithstanding increasing reports of violence against LGBTQIA+ individuals. At the same time, proposals to restrict sex education in schools indicate a broader policy aimed at reinforcing traditional family models.

Migration policies have also contributed to shrinking civic space, especially through the development of offshored detention centres in Albania. The implementation of this model has been marked by legal challenges, with national courts and the Court of Justice of the European Union expressing concerns about its compatibility with EU law and fundamental rights. Institutional conflict is further intensified by ongoing tensions between the judiciary and the government, as well as public attacks against judges.

Liberties notes additional emerging concerns, including plans for a new security bill that would further expand restrictive measures and the broader political context surrounding institutional reforms. Overall, the report depicts a continued and multifaceted contraction of civic space in Italy, driven by legislative and political developments that raise serious concerns for democratic participation and fundamental rights protection.

Conclusion

Liberties’s Rule of Law report outlines a pattern of gradual but consistent pressure on key components of the rule of law in Italy. As demonstrated by the analysis of the situation in Italy across different areas, several developments point to structural weaknesses and, in some cases, measures that risk limiting accountability and participation.

While some positive aspects can be identified, such as the activity of independent authorities, these are often offset by legislative or political choices that raise fears about transparency, institutional balance and the protection of fundamental rights and contribute to a more complex and fragile institutional environment.

In this context, Liberties affirms that Italy is at a critical juncture and underlines the necessity to reverse the current trends and reinforce the rule of law framework by  fostering open democratic participation and restoring a balanced relationship between security and the safeguarding of rights.