Criminalizing Dissent: What Meloni's New Security Decree Means for Italy

A new security decree in Italy has gone widely under the radar of international media. Justified by supporters as necessary to secure law and order, it could severely weaken Italian civil society.

As of April 11, 2025, the Italian government issued a new decree-law (decreto-legge) on security, bypassing regular parliamentary deliberation or procedure. International organisations and commentators warn that it may drastically curtail fundamental rights, including freedom of speech, peaceful assembly, and civil resistance. Critics argue this move marks a significant authoritarian turn in Italy’s democracy under Prime Minister Giorgia Meloni.

From Draft Law to Decree

The background for the new decree is to be found in late September of 2024, when the Italian Chamber of Deputies (i.e. lower house of the Italian Parliament) approved a new disegno di legge (draft law) on security, under the name of DDL Sicurezza, which was criticised by parts of the public and opposition parties for its seemingly illiberal nature. The bill aimed to introduce roughly thirty new offenses, aggravating circumstances, and sentence enhancements. The Meloni-led government spent seven months attempting to turn this draft bill into law, but it stalled in Parliament due to financial and political resistance. President Sergio Mattarella also initially voiced concern. Faced with dimming prospects of getting the law passed, the government switched strategy – bypassing ordinary parliamentary procedure – by turning the draft into a decree-law, typically reserved for national emergencies like natural disasters where rapid action is needed, as stipulated in the Italian Constitution. Unlike regular laws, a decree-law takes effect immediately upon publication, without vacatio legis (the usual waiting period of 15 days). If Parliament does not approve it within 60 days, it loses validity.

The government justifies its circumvention of parliament, framing the move as necessary "to protect citizens and support law enforcement". In fact, the new decree-law is for all intents and purposes the previous draft law, unchanged aside from some minimal aspects

Key Articles of the New Decree

Among the articles of the new decree, some provisions stand out.

As per Article 14, rail and road-blocks (even peaceful ones) become a criminal offence, turning what was once a fine into up to one month in prison, or up to two years if multiple people are involved. Critics have dubbed it the "Anti-Gandhi Norm," referencing Gandhi’s iconic nonviolent sit-ins.

Article 19 introduces an aggravating factor for protests against public works or strategic infrastructure. Any acts of violence, threat, or above all resistance against a public official, when specifically directed to prevent the realisation of said public works or infrastructure, result in harsher penalties. The timing of the initial draft law coincided with widespread demonstrations against the construction of the Bridge over the Strait of Messina, which could have served as the rationale behind the introduction of such a paragraph.

Article 26 targets prison revolts. It states that anyone involved in a prison revolt faces 1 to 5 years in prison, with organisers risking up to 8 more years - even if they only resist passively. This seems counterproductive given Italy's chronic prison overcrowding, with rates among the highest in Europe (up to 150%), already leading to deteriorating conditions. Regardless of the rationale behind this tightening of regulation, the Italian Union of Penal Chambers warns that the new provisions could further increase overcrowding, as prisoners’ sentences are further prolonged in case of riots. Article 27 extends similar penalties to migrant detention and reception centers (Centri per i Rimpatri, or CPR), facilities that have long been criticised for systemic human rights abuses. Migrants protesting – passively or otherwise – may face 1 to 3 years in prison, with organisers once again facing harsher punishment.

Article 32 states that citizens of non-EU countries cannot buy a SIM card in Italy without presenting a copy of a valid identity document - in the previous draft law, the requirement was a copy of the residence permit (which may take years to obtain). A person who still decides to sell the SIM card without the buyer presenting the document will be punished, and their shop could face closure for up to one month.

Article 21 concerns bodycams for police – a long-standing public demand due to repeated allegations of police abuse. Human rights organizations like Amnesty International have also pushed for mandatory identification codes for officers. While the new decree introduces bodycams, it leaves their use optional, allowing officers to decide if and when to wear them, undermining the promise of transparency regarding abuse committed by police officers. Article 28 further empowers police by allowing them to carry firearms off-duty.

What Does the New Decree Mean for Italy?

Critics such as the Italian General Confederation of Labour deem the decree as exposing a government unwilling or unable to address the root causes of public dissent, focusing instead on legalizing punishment and repression, which some have defined as a type of “penal populism”. The law has been denounced by the Forensic Congress Body and the Italian Association of Professors of Criminal Law for disproportionately targeting specific categories such as climate activists, protestors, prisoners, and migrants.

Prior, several organizations also criticized the content of the draft law, which formed the basis for the decree, and expressed similar concerns. The Union of Italian Penal Chambers has condemned it as a symbolic, unnecessary show of power with limited actual benefits for public safety (and later stated that the only thing worse than the DDL is the new decree). National and International organizations, including the OSCE, the United Nations, and the Council of Europe, have also flagged issues with the DDL, warning that it violates the International Covenant on Civil and Political Rights.

According to Greenpeace Italy, the decree, named “Repression Bill” by a member of the opposition, would aim at deterring public mobilization and dissent, targeting specific and marginalized groups. While dissent is not fully and explicitly outlawed, the spaces and forms in which dissent can be expressed appear to be now narrowed, with peaceful and passive resistance possibly leading to criminal charges. Lawyers, NGOs, and even the National Association of Magistrates have openly voiced analogous fears, underlying the seriousness of the matter.

Should this ad-hoc decree become a permanent law, the new decree could have far-reaching implications for democratic safeguards in Italy, criminalizing basic rights enshrined in both the Italian Constitution and international human rights instruments. Legal experts have pointed out potential clashes with articles 3, 13, and 27 of the Constitution, which could leave the decree vulnerable to challenge before the Constitutional Court as a threat to the rule of law.

All in all, the new decree, an almost identical successor to the draft law - DDL Sicurezza, raises questions about how the government intends to balance public order and security with fundamental rights. While the move has been justified by a will to protect the Italian people, one could argue that when a government criminalizes dissent, it’s not protecting its citizens – it is protecting itself.