The European Commission's annual report on the rule of law is very critical of Italy. It rejects the prime minister's constitutional reform and expresses concerns and doubts about that of Carlo Nordio's judge. The document had been frozen on the eve of the vote in the European elections. According to many, this was due to Ursula von der Leyen's attempt to gather the votes of Giorgia Meloni's MEPs. Today, Repubblica anticipates its content. And the criticism of our country. It was written by the Belgian liberal Didier Reynders, European Commissioner for Justice. And in paragraph IV on page 31, an update is given on the reform already approved in the first reading in the Senate.
The Prime Minister
The report explains that the majority's goal is to attribute “more stability” to the institutional system and then emphasizes: “With this reform, there will no longer be the possibility for the President of the Republic to seek an alternative majority or to identify a person.” outside of Parliament as Prime Minister. While “some stakeholders have expressed concerns about the proposed changes to the current system of “checks and balances” and have also doubted whether it can bring more stability.” Also recalling the criticism of constitutionalists on the weakened role of the head of state. Furthermore, according to the commission, a key point is missing. That is, the electoral law. The Commission also criticizes the excessive use of decree laws by the executive. But there is also another problem: justice.
The Nordio reform
“In some Member States, there are concerns about excessive pressure on the judiciary from politicians or at executive level, and there is also evidence of pressure from third countries. The risk that public statements by governments and politicians could compromise the independence of the judiciary or its public perception has raised concerns in Slovakia, Italy and Spain,” the text reads. While the abolition of the offences of abuse of office and trading in influence “could have implications for the investigation and detection of fraud and corruption”. Similarly, the restriction of the use of telephone tapping “could reduce the ability to conduct trials, even in corruption cases”. Furthermore, “a law on conflicts of interest and on the regulation of lobbies is still missing”. And there is still the problem of the excessive length of trials: “Although their length is showing a positive trend, it remains a major challenge”.
The information
Another theme is information. “Several actors believe that they result in a restriction of freedom of the press and the right of citizens to information,” it says. While “the greatest concerns concern a possible chilling effect on journalists who are most exposed to defamation complaints,” the Commission observes. Finally, the Palazzo Berlaymont document recalls that last year a recommendation had already been issued “for the reform of the law on defamation in order to introduce measures to safeguard professional secrecy.” But no progress has been made.
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