The transposition of European human rights standards in Italy in 2025: Law 91/2025

Table of Contents
- Introduction
- The Delegation Mechanism
- Structure, Content and Areas of Application of Law No. 91/2025
- Relationship with EU Judicial Decisions
- General Principles for Transposition
- Conclusion
Introduction
On 13 June 2025, the Italian Parliament approved Law No. 91/2025, entitled Delegation to the Government for the transposition of European directives and the implementation of other European Union acts, commonly referred to as the 2024 European Delegation Act. The law was published in the Official Gazette No. 145 on 25 June 2025 and entered into force on 10 July 2025. The European Delegation Act is the annual legislative instrument through which Parliament delegates to the Government the authority to transpose EU directives and implement other EU legislation. Its primary objective is to overcome existing delays and prevent new ones in the incorporation of EU law. The 2024 European Delegation Act covers a wide range of subject areas, from criminal judicial cooperation to labour law, environmental protection, financial markets, and social inclusion.
The Delegation Mechanism
Article 1 establishes the general framework of the delegation. The Government is empowered to adopt legislative decrees for the implementation and transposition of EU acts, in accordance with the procedures, principles, and criteria already set out in Articles 31 and 32 of Law No. 234/2012. Under Article 31 of that law, legislative decrees must be adopted within specific timeframes, linked to the transposition deadlines of the directives. Draft decrees are transmitted to the Chamber of Deputies and the Senate, allowing parliamentary committees to express their opinion before final adoption. Article 32 of Law No. 234/2012 lists the general guiding principles, which include simplification of administrative procedures, avoidance of overregulation, coordination among state and regional competences, and the provision of proportionate sanctions where necessary. This system ensures that while Parliament delegates the power to the Government, the legislative power still maintains control over the process.
Legislative decrees may provide for expenditures only where necessary to fulfil EU obligations and only within the resources already available to the competent administrations. Where this is not possible, financing must come from the Fund for the transposition of European legislation, established under Article 41-bis of Law No. 234/2012. If the fund is insufficient, new decrees that would generate additional costs can only be issued after the adoption of separate legislative measures allocating the necessary resources, in accordance with Article 17(2) of Law No. 196/2009. This ensures that implementation of EU acts remains financially sustainable and tied to prior authorisation of expenditure.
The transposed Directives most relevant for human rights
The law is divided into three chapters:
- General provisions: which include the delegation to the Government, the procedures for adopting legislative decrees, and the rules concerning penalties.
- Transposition of directives: which delegates the Government to transpose a range of directives across different policy areas.
- Implementation of regulations: the Government is granted the power to adopt implementing provisions for certain EU regulations (EU regulations are immediately effective in all EU countries).
Overall, the law enables Italy to implement 41 directives (21 listed in the annexe and 20 others specified in the articles) and to ensure compliance with 21 EU regulations requiring implementing measures.
Here are some directives that are more closely connected to human rights matters.
In the field of criminal judicial cooperation, the act provides for the transposition of Directive 2024/1226 on offences and penalties for violations of EU restrictive measures, and Directive 2023/1544 on the acquisition of electronic evidence in criminal proceedings. It also provides for the transposition of Regulation 2023/1543 on European production and preservation orders for electronic evidence in criminal proceedings and the execution of custodial sentences following criminal proceedings.
In the labour market, it covers Directive 2024/2831 on working conditions in digital platforms.
With regard to environmental protection, it includes Directive 2024/1203 on the protection of the environment through criminal law, and Directive 2024/1785 on industrial emissions and waste landfills.
The law also addresses financial issues, with provisions concerning money laundering, markets in financial instruments, and the single European access point, as well as measures relating to social inclusion. Particularly relevant in this domain is the legislation introducing the European Disability Card (directive 2024/2841).
Finally, in the area of consumer protection, Law 91/2025 transposes Directive 2023/2225 on consumer credit agreements.
Relationship with EU Judicial Decisions
The law also addresses the need to align domestic law with judgments of the Court of Justice of the European Union (CJEU). Article 3 establishes a technical committee to deal with the implications of the CJEU judgment of 3 March 2022 (Case C-590/20), concerning the remuneration of medical specialists who began their training before 1982 and continued it after 1 January 1983. This reflects the recognition that compliance with EU law extends not only to directives and regulations but also to the interpretive authority of the Court of Justice.
General Principles for Transposition
While the 2024 Delegation Act sets out specific delegations, its implementation remains framed by the broader general principles of Law No. 234/2012. These include:
- Use of existing administrative structures and maximum simplification of procedures;
- Adjustment of existing regulations for coherence with EU acts;
- Avoidance of introducing stricter standards than those required by EU directives;
- Provision of sanctions where necessary, within proportional limits;
- Respect for the division of competences between the State and the regions;
- Ensuring equal treatment between Italian and other EU citizens.
These principles provide continuity and ensure that the exercise of delegated power is consistent across successive European Delegation Acts.
Conclusion
The European Delegation Act 2024 (Law No. 91/2025) represents a comprehensive tool for ensuring Italy’s compliance with EU law across diverse sectors.
Its structure ensures clarity, while its financial safeguards guarantee that new measures remain tied to available resources. The reference to CJEU case law underlines that compliance involves not only legislative acts but also judicial interpretations at the EU level.