Italy’s Security draft Bill is a dangerous attack on democratic freedoms

This Article is published in the context of JEF Europe’s Democracy Under Pressure (DUP) Action Week

Italy’s proposed security bill 1236 is a grave assault on democratic freedoms. It sacrifices fundamental rights under the guise of maintaining public order. If enacted, the bill would severely restrict the right to protest, criminalize peaceful dissent, and curtail fundamental democratic freedoms. This move is part of a broader trend of government repression under Giorgia Meloni, echoing authoritarian tendencies already seen in her partners in Poland and Hungary. With draconian punishments for peaceful demonstrations and disproportionate sanctions against marginalized groups, this bill represents a disturbing shift towards authoritarianism. The Italian Senate must oppose this attack on civil liberties, and the European Union must act decisively to prevent further democratic backsliding in one of its founding members.

The Italian government, under Prime Minister Giorgia Meloni, is advancing a security bill (draft bill 1236) that poses an alarming threat to fundamental rights and democratic freedoms. Under the guise of public order, it would impose severe restrictions on protest rights, criminalize nonviolent dissent, and curtail freedoms that are essential to a functioning democracy. It is therefore no surprise that human rights organizations, including the OSCE, the Council of Europe, and even United Nations experts, have condemned the bill in the strongest possible terms, warning of its potential to erode constitutional protections and violate international human rights obligations.

If approved by the Italian Senate, this legislation would mark yet another step in the systematic erosion of civil liberties under Meloni’s government, as part of a broader trend of repression seen across Europe, where authoritarian-leaning leaders use legal mechanisms to silence dissent and consolidate power. Hence, it’s imperative that the European Union recognize this as a red flag and take decisive action before Italy follows in the footsteps of Hungary and Poland, where the rule of law has already been dangerously undermined. The so-called security bill, which has already been approved by the Chamber of Deputies, introduces drastic consequences for protest-related offenses. For example, blocking traffic during a demonstration could now result in a prison sentence of up to seven years, an outrageous and disproportionate response to peaceful civil disobedience. This is particularly concerning given that road blockades have been a common and effective tactic of social movements, from workers’ strikes to environmental protests, and in criminalizing these forms of protest, the Italian government is effectively criminalizing democratic participation and protest. Even more concerning is the bill’s application of criminal sanctions to protests in migrant reception centres and prisons. Passive resistance (for example, disobedience of arbitrary orders) would now be criminalized, and this has all the hallmarks of an attempt to suppress all dissent from some of the most vulnerable groups in society, further entrenching the marginalization of migrants and detainees. The bill also introduces aggravated penalties for protests against public infrastructure projects, a move obviously aimed at silencing environmental activists and local communities opposing environmentally controversial schemes. The message is clear: challenge state policies, and you will face criminal prosecution.

International reprimands

Luckily, the bill has already drawn sharp criticism from international human rights bodies: the OSCE Office for Democratic Institutions and Human Rights has warned that its provisions “carry the potential to undermine the fundamental tenets of criminal justice and the rule of law”, while the Council of Europe’s Commissioner for Human Rights has highlighted the bill’s risk of arbitrary application and the chilling effect it will have on freedom of expression and assembly; eight United Nations Special Rapporteurs have also weighed in, raising concerns over Italy’s obligations under international treaties. The UN experts have specifically pointed out that the bill violates both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. These are not minor technical concerns, they highlight fundamental breaches of Italy’s human rights commitments.

Yet, despite these warnings, the Italian government remains determined to push forward with a piece of legislation that would bring the country closer to the repressive policies seen in Hungary and, before the change of government, Poland, where crackdowns on civil society and judicial independence have already drawn the ire of the European Union.

A pattern of increasing repression This bill does not exist in a vacuum. It is part of a pattern of authoritarianism on the part of Meloni and her administration that includes the use of restrictive legislation to suppress opposition, silence dissent, and assert more government control over public discourse. From attacks on the free press to anti-migrant rhetoric and policies, this administration has been deliberately undermining democratic norms for some time now. This pattern mirrors trends seen elsewhere in Europe: in Hungary, Viktor Orbán’s government has used legal maneuvers to dismantle independent institutions and criminalize organizations assisting migrants; in Poland, the previous PiS-led government systematically eroded judicial independence and repressed LGBTQ+ rights activists. Now, Italy is heading down the same path, testing the limits of European tolerance for democratic backsliding.

Therefore, the approval of this bill would represent a dangerous escalation in Italy’s democratic regression: the Italian Senate has a duty to reject it outright, as it is fundamentally incompatible with Italy’s Constitution, which guarantees freedom of expression and the right to peaceful assembly; otherwise, the Italian judiciary should be prepared to challenge any of its provisions that violate constitutional rights. But responsibility does not lie solely with Italian institutions: the European Union must take a stronger stance against this blatant attack on democratic freedoms. If the EU remains silent, it will send a message that authoritarian governance within its member states is acceptable: Brussels has rightly, although tardily, taken a firm stance against Hungary and Poland’s democratic erosion; it must do the same with Italy before it is too late.

Why we must remain vigilant This “security bill” is not an isolated piece of legislation; it is a symptom of an infection of authoritarianism throughout the EU. Other populist regimes will be watching closely whether and how such moves can be approved without substantial backfire, and if Italy succeeds in normalizing the criminalization of peaceful protests, a similar legislation could start to spread across Europe, possibly threatening constitutional liberties for dozens of millions.

We must be vigilant and reject the false narrative that security can only be achieved through repression: true security comes from a vibrant democracy where dissent is protected, not criminalized, and that’s why the Italian Senate must reject this bill, and the European Union must act decisively to uphold its founding values. Any less would be a dereliction of duty, and a grave betrayal of the democratic principles upon which Europe was established.