First launched in 2020, the Rule of Law (RoL) mechanism serves as a tool for annual monitoring and constructive dialogue across all EU member states. Its primary objective is to support democracy, human rights, and the RoL through continuous assessment and collaboration. 

In the 2025 edition, the Italy Chapter highlights both progress and challenges. While recent reforms towards judicial efficiency and anti-corruption efforts are acknowledged, the report flags concerns related to the independence of the judiciary, strategic lawsuits against public participation (SLAPPs), restrictions on journalists and activists, and delays in implementing decisions of the European Court of Human Rights (ECtHR). The lack of a fully operational National Human Rights Institution (NHRI) and barriers to accessing public information also remain unresolved.

The Commission’s recommendations for Italy underscore the importance of strengthening civic space, enhancing transparency, ensuring adequate whistleblower protection, and continuing the digital transformation of the criminal courts.

The Judicial System

The 2025 RoL Report presents a comprehensive overview of the Italian judicial system, and it notes progressive improvement in perceived judicial independence among the public and businesses, with 46% of citizens and 48% of companies rating judicial independence as “fairly or very good,” which marks a noticeable increase compared to previous years.

Significant steps have been taken in implementing the 2024 reform of the justice system. The High Council of the Judiciary (Consiglio Superiore della Magistratura - CSM) has issued new directives concerning non-tenure appointments, performance evaluations, and judicial management. Additionally, the CSM is working on the integration of psychological testing in the selection of judges and prosecutors. 

The parliament is currently examining a proposed constitutional reform that seeks to separate the careers of judges and prosecutors. Advocates of the reform argue that it would enhance the impartiality of the judiciary and improve the magistrates’ discipline. However, key judicial actors such as the National Association of Magistrates warn it may undermine judicial self-governance and the autonomy of the prosecution service, reflecting broader divisions within the legal system operators.

The Report further raises instances of political criticism directed at the judiciary, particularly in cases concerning migration and asylum. In response, protective measures were extended to certain judges and prosecutors. The Commission states that while public discourse may include criticism of judicial decisions, political actors should refrain from statements that could undermine judicial independence or public confidence in the justice system.

On judicial quality, the report observes progress in recruitment across various branches, though significant staff shortages persist, especially among administrative and tax courts. Recruitment competitions are ongoing and intended to address these gaps. Also, digitalisation efforts in the justice system have gradually progressed, particularly through the mandatory rollout of the APP case management system in criminal courts and prosecution offices as of January 2025 (Applicativo del Processo Penale, Decree of the Ministry of Justice No.206/2024). However, technical issues have led 87 territorial prosecution offices (out of 140) to postpone the implementation of APP, prompting a task force initiative and court visits by the Ministry of Justice to collect feedback and identify solutions.

Regarding efficiency, Italy continues to face challenges related to the length of judicial proceedings, despite slight improvements. Clearance rates and disposition times for civil, commercial, and criminal cases have decreased. However, the country still has one of the highest rates in the EU, and it remains under enhanced monitoring by the Council of Europe. A new reform on mediation and assisted negotiation, effective from January 2025, is expected to support the efficiency of the justice system further. However, its long-term impact is yet to be evaluated.

The Anti-Corruption Framework

According to the 2025 RoL Report, Italy is still struggling with corruption, particularly within the public sector and political sphere. Public and business perceptions persistently reflect a high level of distrust toward institutional integrity and the effectiveness of anti-corruption measures. Despite reform attempts, Italy continues to hold an unchanged place in European and global corruption assessments. The National Anti-Corruption Authority (ANAC) has taken steps to strengthen institutional integrity, including the adoption of a revised National Anti-Corruption Plan (NAP) and enhanced monitoring mechanisms. ANAC has also issued new guidelines addressing conflicts of interest, revolving doors, and public procurement risks, while preparing further measures to protect whistleblowers.

Recent legal developments have sparked debate. The abolition of the offence of abuse of office and the narrowing of laws of trading in influence, upheld by the Constitutional Court, raised concerns about their implications for investigative powers and the fight against corruption. Meanwhile, other legislative proposals, including reforms to limit investigative tools such as wiretapping and to reduce the timeframe for criminal proceedings, are still pending.

The Report indicates that in 2024, Italy recorded a significant drop in convictions against individuals and legal entities for corruption. This trend may be partly attributed to administrative delays or data gaps. Nonetheless, investigations targeting public officials and cross-border networks have taken place, among which are operations conducted by the European Public Prosecutor’s Office and domestic law enforcement agencies. In addition, modest progress has been made in regulating conflicts of interest for political officials, such as members of parliament, and comprehensive legislation remains lacking. Similarly, the regulation of lobbying activities remains incomplete, and the absence of a mandatory national register or legislative footprint is frequently identified as an obstacle to transparency. Voluntary initiatives by some ministries represent only limited progress in implementing the recommendations.

Although certain measures have been introduced to strengthen transparency and institutional oversight, structural challenges have not yet been sufficiently addressed. Moreover, legislative proposals intended to regulate political donations made through foundations and associations remain under scrutiny, leaving room for concerns regarding transparency and the impact of private interests on political decision-making. In the area of public procurement, which is often exposed to corruption risks, the ongoing prevalence of direct awards and limited procedural safeguards highlights persistent vulnerabilities. As a result, further action is needed to ensure robust anti-corruption frameworks and rebuild public trust in the accountability of institutions.

Media Pluralism and Freedom

The 2025 RoL Report acknowledges that Italy maintains a relatively robust legal and institutional framework supporting media pluralism and freedom. The Regulatory Authority on Communications (AGCOM) is operating independently and adequately resourced through a self-financing system, allowing it to oversee a broad and evolving range of digital and traditional media sectors. AGCOM’s proactive role and updated guidelines on media market concentration are noted as positive steps, especially regarding the inclusion of digital platforms and online advertising.

The main public service media, Radiotelevisione Italiana (RAI), has taken internal measures to promote editorial independence and pluralistic content. Yet, political influence raises concerns, largely due to the absence of meaningful structural change. For example, several reforms, such as the temporary reduction of license fees, were welcomed, but stakeholders advocate for a reliable and long-term funding strategy. Simultaneously, recent legal initiatives on access to judicial information have triggered public criticism, and while aimed at balancing press freedom with the presumption of innocence, have been perceived by many as potential threats to journalistic activity.

Also, Italy has made some progress in enhancing risk mitigation strategies, notably through the Coordination Centre under the Ministry of the Interior for media regulation and transparency in public broadcasting. Still, the Report highlights a rise in incidents of intimidation and physical attacks against journalists, as well as the persistent use of SLAPPs. Moreover, spyware allegations fuel apprehensions over press freedom. The long-awaited reform of the defamation law, stalled in the Senate, has both promising and contentious elements. While aiming to abolish imprisonment for press defamation, some provisions are seen as possibly restrictive to free expression. So, enacting a more autonomous and safer media environment will require further legislative action and greater protection for journalists. 

Institutional Checks and Balances

In the current year, debate over a major constitutional reform to improve government stability by directly electing the Prime Minister has been a prominent discussion in Italy’s political agenda. Although the reform is considered a response to executive branch instability, critics warn that it could affect institutional balance, especially regarding the role of the President of the Republic and the Parliament. Parallel to this, the frequent use of emergency decrees (decree-laws) and confidence votes in Parliament is a cause of concern. Since the beginning of the legislature in October 2022, the government has issued 87 decree-laws, with many transformed into ordinary legislation, often relying on confidence motions. Some defend this approach as a practical necessity, while others argue that it risks weakening parliamentary checks, even though occasional amendments by lawmakers indicate elements of scrutiny.

Within the broader institutional reform frameworks, two sensitive areas remain under analysis, which include accountability of the public administration and the country’s responsiveness to international human rights rulings. Italy has still faced delays in implementing ECtHR judgements, with 74 leading cases awaiting full implementation as of early 2025, reflecting an average delay of more than six years, with one criminal case pending since 2001. Regarding NHRI, none of the bills have advanced beyond the initial drafting stages.

In another move that has attracted both national and international scrutiny, a new security law that has been controversial for its implications on civic freedoms was adopted in June 2025. Presented as a measure to counter terrorism and organised crime, the legislation imposes harsh penalties for protest-related offences and introduces restrictions on accessing public spaces in some instances. Human rights actors such as the Council of Europe and UN Special Rapporteurs have voiced concerns that vague provisions may enable arbitrary enforcement and threaten fundamental rights, reinforcing Italy’s current “narrowed” status in international civic space indexes.

Recommendations

Compared to the 2024 RoL Report, the 2025 assessment acknowledges mixed progress across various areas. Italy has taken limited but notable steps on several recommendations, while in others, further actions are required. Therefore, the European Commission recommends that Italy:

• Finalise the implementation of a comprehensive digital case management system for criminal courts and prosecution offices, in order to enhance procedural efficiency and transparency in judicial proceedings.
• Adopt the pending bill on conflicts of interest and intensify efforts to introduce clear and enforceable lobbying regulations, including the establishment of an operational register with a legislative footprint.
• Accelerate measures to prevent indirect political financing through foundations and associations, and introduce a unified electronic register for party and campaign finance transparency.
• Continue legislative initiatives to secure stable, independent funding for public service media in alignment with its public service mandate.
• Advance the legislative reform process concerning defamation and the protection of journalistic sources, ensuring consistency with European standards and avoiding any disproportionate constraints on press freedom.
• Renew and intensify efforts to establish an independent NHRI in accordance with the UN Paris Principles to safeguard and promote human rights at the national level.