COMMISSION STAFF WORKING DOCUMENT 2021 Rule of Law Report Country Chapter on the rule of law situation in Italy Accompanying the COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2021 Rule of Law Report The rule of law situation in the European Union
Date: 2021-07-20
Institutions: European Commission, Secretariat-General
Subjects: Italy, administrative transparency, coronavirus disease, corruption, democracy, epidemic, independence of the judiciary, infringement of EU law, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 20.7.2021  SWD(2021) 716 final  COMMISSION STAFF WORKING DOCUMENT 2021 Rule of Law Report   Country Chapter on the rule of law situation in Italy Accompanying the COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2021 Rule of Law Report   The rule of law situation in the European Union {COM(2021) 700 final} - {SWD(2021) 701 final} - {SWD(2021) 702 final} - {SWD(2021) 703 final} - {SWD(2021) 704 final} - {SWD(2021) 705 final} - {SWD(2021) 706 final} - {SWD(2021) 707 final} - {SWD(2021) 708 final} - {SWD(2021) 709 final} - {SWD(2021) 710 final} - {SWD(2021) 711 final} - {SWD(2021) 712 final} - {SWD(2021) 713 final} - {SWD(2021) 714 final} - {SWD(2021) 715 final} - {SWD(2021) 717 final} - {SWD(2021) 718 final} - {SWD(2021) 719 final} - {SWD(2021) 720 final} - {SWD(2021) 721 final} - {SWD(2021) 722 final} - {SWD(2021) 723 final} - {SWD(2021) 724 final} - {SWD(2021) 725 final} - {SWD(2021) 726 final} - {SWD(2021) 727 final}  
 
 
ABSTRACT 

The Italian justice system continues to undergo a number of reforms aimed at improving its 
quality and efficiency, including draft laws to streamline civil and criminal procedures, which 
are  still  discussed  by  the  Parliament.  Digitalisation  of  the  justice  system  continues  to  be 
developed  and  human  resources  have  been  increased  with  plans  to  further  expand  them. 
These  measures  are  particularly  important  to  address  the  serious  challenges  related  to  the 
efficiency of the justice system, including backlogs and length of proceedings. The draft law 
regarding the High Council for the Judiciary and other aspects of the justice system, aiming at 
strengthening  judicial  independence,  is  still  under  discussion  in  Parliament.  This  draft  law 
intends in particular to modify the way in which the members of the Council are elected. It is 
important that these reforms take into account Council of Europe recommendations.  

Italy  continues  strengthening  its  legislative  framework  to  fight  corruption  and  corruption-
related crimes. Cooperation, specialisation and resources for investigators and prosecutors of 
corruption  and  corruption-related  crimes  are  generally  considered  sufficient  to  repress 
corruption, including high-level  corruption.  A lack of resources  and limited experience  and 
legal  expertise  affect  the  capacity  of  law  enforcement  authorities  to  pursue  and  prosecute 
foreign  bribery  effectively.  Excessive  disposition  time,  in  particular  at  the  appeal  level, 
continues to constitute an obstacle to the fight against corruption, and comprehensive reforms 
to  streamline  criminal  procedures  are  still  pending  in  Parliament.  Several  legislative 
proposals  and  amendments  to  strengthen  preventative  measures  against  corruption  are 
pending, including on  conflicts  of interest,  lobbying and  ’revolving doors’.  The COVID-19 
pandemic  significantly  increased  the  risk  of  corruption  and  corruption-related  crimes  being 
committed to further infiltrate the legal economy of Italy. 

Italy  has  a  robust  legislative  framework  regulating  the  media  sector  as  well  as  an 
independent,  well-resourced  and  effective  media  regulator.  Italy’s  scheduled  reform  of  its 
defamation laws remains pending in Parliament and the political independence of the Italian 
media remains an issue of concern in particular in the audio-visual sector. Rescue packages 
provided  in  2020  by  the  Government  to  counteract  the  financial  impact  of  the  COVID-19 
pandemic  included  some  media-specific  measures.  Numerous  physical  attacks  and  death 
threats as well as other forms of intimidation against journalists remain an issue of concern. 

As regards checks and balances, the emergency regime related to the COVID-19 pandemic is 
still in place, but the Government is adopting measures to progressively reduce restrictions. A 
new  proposal  is  under  discussion  to  strengthen  the  role  of  Parliament  during  emergency 
situations.  The  use  of  public  consultations  and  ex  post  regulatory  impact  assessments  has 
been slightly improved but they are still not systematically applied. A draft law establishing 
an independent human rights institution is being examined in Parliament. Some progress has 
been reported on the legislation on civil society organisations dealing with migrants, such as 
provisions  governing  the  activities  of  civil  society  organisations  carrying  out  search-and-
rescue operations at sea, although concerns remain within an overall context where migration 
management in the EU is challenging.  

1 

 
 
 
 
 
I. 

JUSTICE SYSTEM  

The  structure  of  the  justice  system1  is  set  out  in  the  Constitution,  which  enshrines  its 
independence  and  autonomy2.  The  Constitutional  Court  decides  on  disputes  regarding  the 
constitutionality of laws3. Ordinary courts have jurisdiction in civil and criminal matters and 
are organised in three levels of instances. The first level is composed of justices of the peace, 
ordinary courts and juvenile courts. The second and third level are made up of the Courts of 
appeal and the High Court of Cassation respectively. The administrative justice is organised 
in  first-instance  courts  and  second-instance  courts.  Jurisdiction  in  accounting  matters  is 
exercised by the Court of Auditors (with Regional and Central Chambers). Regarding fiscal 
matters,  the  responsible  courts  are  fiscal  courts  at  first  and  second  instance  and  the  High 
Court of Cassation at the highest level. The structure of the prosecution service4 mirrors that 
of the courts. Italy participates in the European Public Prosecutor’s Office. According to the 
principle of unity of the judiciary, ordinary judges and public prosecutors are all magistrates, 
have  a  common  career  structure,  and  are  governed  by  the  High  Council  for  the  Judiciary 
(Consiglio  Superiore  della  Magistratura  -  CSM).  Administrative,  accounting  and  fiscal 
magistrates  have  their  own  self-government  bodies.  The  National  Bar  Council  is  an 
independent and self-governing body established by law. 

Independence  

The  level  of  perceived  judicial  independence  in  Italy  remains  low.  Despite  a  slight 
increase since last year, only 34% among the general public consider it to be ‘fairly or very 
good’.  Among  companies,  there  is  a  new  decrease,  which  confirms  the  downward  trend  of 
the  past  2  years,  and  now  only  29%  consider  judicial  independence  to  be  ‘fairly  or  very 
good’5.  Over  the  past  five  years,  the  level  of  perceived  judicial  independence  remained 
consistently low.  

The draft law addressing challenges faced by the High Council for the Judiciary (CSM), 
including  the  way  in  which  the  members  of  the  Council  are  elected,  is  still  under 
discussion in Parliament. The High Council for the Judiciary had to face several challenges 
relating to the representativeness of its members and to the transparency of its procedure for 
appointment at high judicial positions6. The draft law proposed by the Government in August 
2020  aims  at  ensuring  the  independence  of  the  members  of  the  CSM7  vis-à-vis  the 
professional associations, including by changing the rules for the election of its members and 

1   2020 Rule of Law Report, country chapter on the rule of law situation in Italy, p. 2. 
2   The  Italian  Constitution,  Art.  104  and  107. Both  judges  and  prosecutors,  as  members  of  the  judiciary,  are 

independent from other constitutional powers. 

3   The Constitutional Court also decides on conflicts arising from allocation of powers of the State and those 
powers allocated to State and Regions, and between Regions, and on charges brought against the President 
of Republic. 

4   With respect to organised crime and other serious criminal offences, prosecutorial functions are carried out 

by District Anti-Mafia Directorates.  

5   Figures 48 and 50, 2021 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as  follows:  very  low  (below  30%  of  respondents  perceive  judicial  independence  as  fairly  good  and  very 
good); low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 
6   2020  Rule  of  Law  Report,  country  chapter  for  Italy,  pp.  3  and  4.  Draft  Law  AC  2681,  approved  by  the 
Council of Ministers on 7 August 2020. Recently, further integrity challenges have been reported by media 
and are now investigated by several prosecutor’s offices. 

7   2020  Rule  of  Law  Report,  country  chapter  on  the  rule  of  law  situation  in  Italy,  p.  3,  where  integrity 
challenges have been explained. Recently, further integrity challenges have been reported by media and are 
now investigated by several prosecutor’s offices. 

2 

 
                                                 
by enhancing the diversity of the Council’s members in terms of territorial origin and gender 
equality. Furthermore, the draft law also aims at drawing a stricter line between judicial and 
political functions8. In April 2021, the CSM issued several opinions9 on the draft law, noting 
positive elements (e.g. the organisation of judicial offices10, including the prosecutor’s office, 
a  greater  transparency  in  the  appointment  procedure  for  high  positions11  and  in  some  rules 
related  to  the  professional  evaluations  procedure  for  magistrates12).  It  also  raised  some 
concerns,  notably  regarding  the  election  system,  where  the  CSM  emphasised  the  risk  of 
marginalisation  of  minorities,  the  discretionary  power  of  the  Ministry  of  Justice  to  build 
electoral  colleges  ahead  to  the  election,  and  the  potential  reduction  of  pluralism  among 
judicial members13. Regarding the disciplinary regime, the CSM noted the risk of vagueness 
of  the  new  disciplinary  offences14.  On  26  March  2021,  GRECO15  adopted  its  Second 
Compliance  Report  which  discussed  the  direct  participation  of  magistrates  in  political  life. 
Despite progress achieved by the draft law, the recommendation assessed to be only partially 
implemented due to the fact that the draft law remains to be adopted16. In March 2021, new 
policy lines on justice17 have been presented to Parliament by the Minister of Justice18. It is 
important that these reforms take into account Council of Europe recommendations relating 
to the Council for the Judiciary, including the selection of their members19, and to the status, 

8   The  draft  law  aims  to  avoid  conflict  of  interest  and  enhance  judicial  independence  by  limiting  the 
participation  of  magistrates  in  political  activities.  See  GRECO  Fourth  Evaluation  Round  –  Second 
Compliance Report, recommendation x. 

9   Six opinions dated from 21 to  29 April 2021 issued by the CSM on the request by the Ministry of Justice 

pursuant to article 10 of the Law n. 195 of 24 March 1958. 
10   Opinion of the CSM dated 21 April 2021 (on judicial offices). 
11   Opinion of the CSM dated 29 April 2021 (on high and middle management positions);  
12   Opinion of the CSM dated 29 April 2021 (on how the members of the High Council are elected). 
13   In  particular,  marginalisation  of  minority  is  associated  to  majority  systems;  the  Minister  of  Justice  would 
decide three months ahead of the election how to build the territorial colleges thus potentially entailing a risk 
for  judicial  independence;  as  to  pluralism,  Art.  104  of  the  Constitution  states  that  judicial  members in the 
Council  are  elected  by  all  magistrates  belonging  to  all  categories,  while  the  draft  law  would  limit  this 
possibility. 

14   Opinion of the CSM of 21 April 2021 (on disciplinary offenses and functioning of the CSM). 
15   GRECO Fourth Evaluation Round – Second Compliance Report, recommendation x. See also the opinion of 

the CSM, of 21 April 2021. 

16   The  abovementioned  report,  while  noting  that  a  draft  legislation  has  been  prepared  to  provide  for  stricter 
regulation to limit the participation of magistrates in political life, it also mentions that it is a long-awaited 
reform, which concerns a particularly sensitive issue in Italy, and thus requires more resolute action. 

17   Issued by the new Minister of Justice and presented to the Parliament on 15 and 18 March 2021. 
18   As regards to the reform of the Council for the Judiciary, besides the electoral system, it is considered a two-
yearly  renewal  of  half  of  the  lay  and  judicial  members.  The  CSM  positively  assessed  this  proposal  in  its 
opinion  to  the  Ministry  of  Justice.  With  Ministerial  Decree  of  26  March  2021,  the  Minister  of  Justice 
established  a  “Commission  for  the  preparation  of  proposals  for  action  to  reform  the  judiciary  and  the 
regulation  of  the  establishment  and  functioning  of  the  High  Council  for  the  Judiciary”.  This  Commission 
ended its  work on 31 May 2021 and is in the process to deliver its report. The report would be taken into 
account for possible amendments to the draft law discussed at Parliament. 

19   Recommendation CM/Rec(2010)12 of Committee of Ministers of Council of Europe, paras 25, 26, 27. See 
also the Opinion No. 23 (2020) of the Consultative Council of European Judges (The role of associations of 
judges), paras 31 and 32: “In several member States, the association of judges has a certain influence on the 
selection of members of the Council for the Judiciary. Provided that it does not infringe the independence of 
the  work  of  the  Council  for  the  Judiciary,  such  participation  in  the  selection  of  its  members  could  be 
welcomed. Care must be taken, however, that such a system does not lead to the politicisation of the election 
and the following work of the Council. In any case, there should be no discrimination and members of an 
association of judges should be free to become members of a Council for the Judiciary in supporting judicial 
independence”. 

3 

 
                                                 
career,  liability  and  disciplinary  regime  for  magistrates20.  Italy  is  cooperating  with  the 
Council of Europe in this respect. 

Further  measures  have  been  taken  to  address  integrity  challenges21.  The  CSM  has 
continued  to  introduce  rules  aimed  to  foster  transparency  and  merit-based  appointment  in 
high  positions22.  In  addition,  to  further  strengthen  judicial  independence,  the  CSM  took 
measures to  establish detailed provisions  for magistrates on asset  disclosure and systematic 
control,  which  have  been  welcomed  by  GRECO23.  The  CSM  has  also  opened  a  number  of 
disciplinary  proceedings24,  and  in  addition  is  taking  into  account  in  view  of  future 
professional assessments and appointment to managerial positions25, any integrity challenge 
disclosed in 2020 by the criminal investigation which led to the resignation of five members 
of  the  CSM26.  Furthermore,  the  National  Association  of  Magistrates  has  started  applying 
disciplinary  sanctions  towards  its  members  in  case  of  violation  of  the  ethical  code  of 
magistrates27.  

Quality  

Human  resources  are  being  increased  and  further  recruitment  of  both  judicial  and 
administrative staff is planned. Following the opinion of the CSM28, in September 2020 the 
Ministry  of  Justice29  distributed  the  additional  600  magistrates  posts  among  highest  courts 
and prosecution service (70 units), first and second instance courts (422 units) and task force 
for flexible plants30 (176 units), and in March 2021 new staff (285 magistrates) started their 
traineeship. After a first suspension due to Covid-19 pandemic, competitions now resumed31. 
Recruitments  of  more  than  2000  members  of  administrative  staff  have  been  carried  out 
through digitalised procedures in 2020 and 202132. Following the 2020 Rule of Law Report 
which  identified  human  resources  as  a  particular  challenge  for  Italy  with  an  impact  on  the 
efficiency  of  the  justice  system,  the  Government  has  planned  extraordinary  measures33  to 

20   Recommendation CM/Rec(2010)12 of Committee of Ministers of Council of Europe, paras 50, 52, 58, and 
69.  See  also  as  regards  disciplinary  proceedings  against  judges:  judgement  of  the  Court  of  Justice  of 
19 November 2019, LM, C-216/18, para. 67; as regards liability of judges see also judgment of the Court of 
Justice  of  18  May  2021  in  joint  cases  C-83/19,  C-127/19,  C-195/19,  C-291/19,  C-355/19  and  C-397/19, 
paras. 228-239. 

21   2020 Rule of Law Report, country chapter on the rule of law situation in Italy, pp. 3-4. 
22   CSM Decision of 9 September 2020 modifying Decision no. 13778 of 24 July 2015. 
23   GRECO Fourth Evaluation Round – Second Compliance Report, recommendation xi. 
24   Twenty  three  disciplinary  proceedings  are  on-going  at  the  CSM  and  one  has  ended  with  the  highest 
disciplinary sanction of placement out of the permanent role of the judiciary (Information received during 
the country  visit). In addition, compulsory transfers are also under evaluation by the CSM  whenever there 
are  no  more  the  conditions  enabling  a  magistrate  to  work  with  independence  and  impartiality  in  a  given 
office. 

25   Most severe disciplinary sanctions impede appointments to some high judicial positions.  
26   2020 Rule of Law Report, country chapter on the rule of law situation in Italy, pp. 3-4. 
27   Contribution  from  the  National  Association  of  Magistrates  and  information  received  in  the  context  of  the 

country visit to Italy. 

28   Input from Italy for the 2021 Rule of Law Report, p. 14. 
29   Written contribution received by the Ministry of Justice in the context of the country visit to Italy.  
30   Building  upon  similar  experience  in  other  European  legal  systems  (e.g.  France  and  Spain),  a  flexible  tool 
was set up to deal with temporary difficult situations and unify performances across courts. In October 2020, 
the Explanatory Technical Report regarding flexible plants was sent to the High Council of the Judiciary for 
its opinion. 

31   Decree-law n. 44 of 1 April 2021, article 11. 
32   Written  contribution  received  by  the  Ministry  of  Justice  in  the  context  of  the  country  visit  to  Italy  (1.187 

units in 2020 and 1056 in 2021 till 13 April).  

33   Announced in the National Recovery and Resilience Plan (NRRP). 

4 

 
                                                 
reinforce  the  Office  of  the  Trial34  where  administrative  and  judicial  staff  will  cooperate  in 
synergy through revised organisational modules35. These measures plan the recruitment36 on 
fixed-term three-year contracts of about 16.500 graduates in law, economics and business and 
political science in order to provide magistrates with technical support37, and of 1.600 young 
graduates, 750 specialised and 3.000  general  high  school  graduates to  support the judiciary 
and  monitor  projects  of  the  Ministry  of  Justice  such  as  digitalisation  of  proceedings  and 
reforms.  A  proportion  of  this  newly  recruited  staff  will  be  assigned  to  the  High  Court  of 
Cassation to reorganise civil chambers, including the ones dealing with  tax cases. As far as 
administrative justice is concerned, there is still a relevant number of vacancies especially for 
first instance judges. However, in February 2021 a new procedure for the recruitment of 40 
judges  (further  extended  to  60)  has  been  published  and  an  increase  of  130  administrative 
posts is planned38. New recruitments for administrative justice are also envisaged39 with the 
aim to reinforce judicial offices, enhance digitalisation and monitor projects activity. The new 
measures to  reduce backlogs and length  of proceedings40 aim at  addressing a long-standing 
country specific recommendation on the efficiency of the justice system41. 

Digitalisation  of  the  justice  system  continues  to  improve  in  civil  and  administrative 
courts, while challenges remain for the criminal sector42. The digitalisation of proceedings 
at first and second instance civil courts has been completed43, and has been launched at the 
Court of Cassation (civil section)44 and at Judges of Peace45. However, it is less developed for 
criminal proceedings46, where it is expected to start by the end of May 2021. A first step is 
envisaged through the digitalisation of the register used for the wiretapping procedure. As to 
administrative  justice,  during  the  Covid-19  pandemic,  further  progress  was  achieved  in 

34   The Office of the Trial was established in 2014 (Art. 50 of Decree law no. 90 of 2014, converted into Law 
no. 114/2014) to support judges with a team of clerks, trainees and other staff in the preparatory activities for 
the hearings. 

35   Announced in the NRRP.  
36   Ibidem; recruitments are planned to be completed by the end of 2022. 
37   Research, study, monitoring, role management, preparation of draft measures. 
38   Contribution from the Council of State for the 2021 Rule of Law Report. Written contribution received by 

the Council of State in the context of the country visit to Italy.  

39   Ibidem, 250 officials on fixed-term contracts and 90 technical assistants are envisaged to be hired.  
40   Announced  in  the  context  of  the  National  Recovery  and  Resilience  Plan  (NRRP),  Milestones  and  targets: 
decrease of 90% for backlogs for first and second instance civil courts and 70% for administrative courts, by 
the second quarter of 2026; reduction of 40% of the disposition time for civil and commercial litigious cases 
(all instances) and of 25% of the disposition time for criminal cases (all instances). 

41   2020 Rule of Law Report, Country Chapter on the rule of law situation in Italy, p. 8, footnote 71. 
42   2020 Rule of Law Report, Country Chapter on the rule of law situation in Italy, p. 5 
43   Figures 40 and 44, 2021 EU Justice Scoreboard.  
44   On 15 October 2020 the Ministry of Justice, the Court of Cassation, the General Attorney, the National Bar 
Council and the Lawyers’ Congress Body signed a Protocol for e-filing through a new management module 
on an experimental basis staring  from 26 October 2021. In addition, for High  Court Judges a  desk  for the 
Judge of the Court of Cassation allows remote access to the file of the proceedings, drafting of decisions and 
electronic filing. The same module is planned to be extended to the Prosecution Service at the High Court 
dealing with civil sector. 

45   Input  from  Italy  for  the  2021  Rule  of  Law  Report,  p.18:  More  than  two  hundred  offices  of  the  Judge  of 
Peace  have  experimented  e-service  of  documents  and  started  further  steps  in  the  procedure  towards  a  full 
digitalisation. 145 offices of the Justice of the Peace have  concluded the relevant administrative procedure 
and are currently operational. 

46   Input from Italy for the 2021 Rule of Law Report, p. 18. Information received by the Ministry of Justice in 

the context of the country visit to Italy.  

5 

 
                                                 
digitalised  administrative  proceeding  by  remote  hearings47.  Besides  civil  and  criminal 
decisions of High Court48, online access to first and second instance rulings is moving slowly 
and  is  scheduled  to  be  completed  by  2023  only  for  civil  rulings49.  Further  digital 
improvements  are  on-going  to  increase  online  services  with  Judicial  Offices  by  updating 
Portal  of  e-Services,  PEC  Registers  and  e-payment,  and  improve  access  to  some  services 
through SPID, the National Service Card and the Electronic ID Card. Remote working during 
Covid-19  pandemic  sped  up  the  implementation  of  remote  access  to  some  registers  (civil 
litigious  cases,  voluntary jurisdiction and labour disputes, at  first  and second instance50).  In 
addition,  a  relevant  amount  of  training  is  envisaged  for  the  development  of  IT  skills  for 
managers,  and  for  permanent  and  temporary  staff  recruited  to  support  digitalisation  and 
address  backlogs51.  As  to  civil  procedure  draft  law,  the  Government  has  prepared 
amendments  to  the  draft  text  to  address  efficiency  challenges,  including  by  increasing  the 
level  of  digitalisation  of  justice  systems52,  which  when  finalised  will  be  transmitted  to  the 
Parliament. 

The  reform  of  the  tax  courts  is  still  ongoing.  The  Commission  of  experts  set  up  by  the 
Ministry of Justice and the Ministry of Economics and Finance should end its works for the 
preparation of the reform of the tax courts at first and second instance by 30 June 202153. The 
reform would also aim at decreasing the high number of incoming cases at the High Court54. 
In addition, several prevention, supervision and enforcement actions taken by the Presidency 
Council  of  Fiscal  Courts  to  enhance  professionalism  and  integrity  of  members  of  fiscal 
justice,  as  well  as  training  and  further  digitalisation,  were  taken  to  address  GRECO’s 
recommendation55.  

Existing  standards  to  improve  the  quality  of  judicial  decisions  are  planned  to  be 
included in law.  As noted in  the 2020 Rule of Law Report56,  these standards are currently 
enshrined  in  a  Memorandum  of  Understanding  between  the  CSM  and  the  National  Bar 
Association  and  aim  at  improving  the  clarity  and  conciseness  of  judicial  decisions.  The 
Government  has prepared amendments  to  include these standards in  the draft laws for civil 
procedure57. 

The envisaged increase of digitalised services at proximity offices could further improve 
access  to  justice.  As  noted  in  the  2020  Rule  of  Law  Report,  a  proximity  office  project  is 
pursued  by  the  Ministry  of  Justice  aiming  at  improving  access  to  courts  by  enhancing  a 
service of justice closer to the citizens. Proximities offices58 are now established in fourteen 

47   Figure 2, 2021 EU Justice Scoreboard. See also Written contribution received by the Council of State in the 
context  of  the  country  visit  to  Italy:  despite  a  complete  digitalised  administrative  proceedings  during  the 
emergency,  there  is  no  provision  which  would  allow  remote  hearings  when  the  emergency  will  end; 
Contribution  from  the  Council  of  State  for  the  2021  Rule  of  Law  Report:  Administrative  judges  could 
consult files remotely, deliver rulings and use electronic signature.  

48   Figure 46, 2021 EU Justice Scoreboard. 
49   Announced in the NRRP. 
50   Input from Italy for the 2021 Rule of Law Report, p. 17 and 18. 
51   Announced in the NRRP. 
52   Information received by the Ministry of Justice in the context of the country visit to Italy. 
53   2020 Rule of Law Report, country chapter on the rule of law situation in Italy, p. 6. See also GRECO Fourth 

Evaluation Round – Second Compliance Report, recommendation VII, para 54.  

54   Announced in the NRRP. 
55   GRECO Fourth Evaluation Round – Second Compliance Report, recommendation VII. 
56   2020 Rule of Law Report, country chapter on the rule of law situation in Italy, p.6. 
57   Information received by the Ministry of Justice in the context of the country visit to Italy. 
58   2020 Rule of Law Report, country chapter on the rule of law situation in Italy, p. 6. 

6 

 
                                                 
regions  out  of  twenty  and  are  able  to  offer  homogeneous  services  directed  above  all  to 
vulnerable groups by enhanced involvement of local authorities and use of digitalised tools59 
(e.g. sending of electronic documents to judicial offices and accessing information relating to 
pending proceedings through the use of digital platform). 

Efficiency 

Length  of  proceedings  remains  a  serious  challenge60.  Notwithstanding  an  increased 
clearance rate already above 100%61 in the civil sector, the estimated time needed to resolve 
civil and commercial litigious cases remains very high62. Disposition time at first and second 
instance has decreased in 201963, while there was an increase at the High Court of Cassation, 
mainly due to  tax and international protection cases64.  In 2020, the High Court registered a 
substantial decrease in incoming cases in the field of international protection, while incoming 
tax court cases65 with high rates of annulments66, remain a serious challenge. Inadmissibility 
rates remain high67. In 2020, administrative courts have continued to decrease the disposition 
time at all instances, while remaining above average68. Positive results have continued in the 
area  of  public  procurement69.  Italy  remains  under  enhanced  supervision  of  the  Council  of 
Europe’s Committee of Ministers as regards length of proceedings in administrative cases70. 
In  criminal  proceedings,  the  High  Court  reported  a  general  increase  of  pending  cases  in 

59   Written contribution received by the Ministry of Justice in the context of the country visit to Italy.  
60   2020 Rule of Law Report, country chapter on the rule of law situation in Italy, pp. 7 and 8.  
61   Figure 12, 2021 EU Justice Scoreboard, meaning  that the justice system  is able to deal  effectively overall 
with the number of incoming cases. See also CEPEJ (2021), Study on the functioning of the judicial systems 
in the EU Member States: clearance rate for civil and commercial litigious cases 104.5% in 2019 (102.9% in 
2018). 

62   Figures 8 and 9, 2021 EU Justice Scoreboard. 
63   In  line  with  a  long-standing  Council  recommendation  to  reduce  length  of  proceedings.  See  2020  Rule  of 

Law Report, country chapter on the rule of law situation in Italy, p.8.  

64   Written contribution received by Ministry of Justice in the context of the country visit to Italy. The Ministry 
underlined that disposition time in 2020 may not be an accurate indicator because of strong discontinuities in 
the series due to the COVID-19 pandemic. For this reason, data are not reported for 2020. CEPEJ (2021), 
Study on the functioning of the judicial systems in the EU Member States, latest data (2019) on disposition 
time  shows  a  slight  increase  at  first  instance  (for  the  civil  sector,  532  days  at  first  instance,  791  days  at 
second instance and 1302 days at the High Court of Cassation). 

65   2021 Report of the First President at the High Court of Cassation: at the end of 2020, in total 120.473 civil 

cases are pending at the High Court of Cassation, among which 53.482 tax cases. 

66   2021 Report of the First President at  the  High  Court of  Cassation:  for 2020, 45,6% of tax court decisions 
brought at the High Court resulted in annulments, compared to 17.2% of annulments of all decisions brought 
at the High Court. 

67   2021 Report of the First President at the High Court of Cassation: for 2020, 24.7% of all civil appeals to the 
High  Court  were  declared  inadmissible,  compared  to  18.7%  in  2019  (Court  of  Cassation,  Statistical 
Yearbook 2020 and 2019). 

68   Figures  9  and  10,  2021  EU  Justice  Scoreboard;  See  also  CEPEJ  (2021),  Study  on  the  functioning  of  the 
judicial systems in the EU Member States that reported a disposition time decrease in 2019 by 7.7% at first 
instance and by 12.3% at highest instance. As regards 2020 data; Contribution from the Council of State for 
the 2021 Rule of Law Report (667 days at first instance in 2020 compared to 820 days in 2019; 862 days at 
highest instance in 2020 compared to 821 days in 2019). 

69   Contribution  from  Council  of  State  for  the  2021  Rule  of  Law  Report  and  information  received  from  the 
Council of State in the context of the country visit to Italy (113 days at first instance and 182 days at highest 
instance in 2020). The same also for electoral proceedings (from 3 to 211 days at first instance, and from 3 to 
201 at second instance in 2020). 

70   2020 Rule of Law Report, country chapter on the rule of law situation in Italy, p. 7, footnote 63. Abenavoli 

group will be examined by the Committee of Ministers before the end of the year. 

7 

 
                                                 
202071,  especially  at  highest  level.  This  confirms  an  urgent  need  for  measures  to  increase 
efficiency,  especially  at  the  appeal  level72.  In  addition,  it  has  been  reported  that  half  of  the 
ordinary procedure trials at first instance courts ends with an acquittal73. Italy remains under 
enhanced  supervision  of  the  Council  of  Europe’s  Committee  of  Ministers  also  as  regards 
length of proceedings in criminal cases74.  

The  draft  laws  to  address  the  efficiency  challenges  are  still  under  discussion  in 
Parliament75.  The  Government  has  presented  amendments  to  the  draft  law  aiming  at 
efficiency  gains  in  civil  proceedings76.  These  amendments  include,  amongst  others,  an 
increase of alternative dispute resolution77, arbitration, assisted negotiation, a better focus on 
the preparatory and introductory phase of the proceedings, an enhanced digitalisation through 
remote hearings, a review of admissibility filters at appeal level, simplification of the appeal 
procedure  and  reorganising  the  office  of  the  trial.  In  the  field  of  criminal  justice,  the 
envisaged  measures78  may  include,  amongst  others,  an  improvement  in  the  notification 
system, an extended access to special procedures (e.g. plea bargain), a wider intervention of 
the judge within the preliminary investigation phase, a selective access to appeal procedures, 
a  reduction  of  overcriminalisation  and  novelties  as  regards  criminal  sanctions  as  well  as 
restorative  justice  with  a  focus  on  victims79.  In  addition,  specific  amendments  may  be 
introduced  by  the  Government  for  the  Office  of  the  Trial  to  increase  efficiency.  The  draft 
reform concerning the CSM and other aspects of the justice system is likely to further include 
provisions  to  support  and  facilitate  efficiency  gains  (e.g.  obligation  for  magistrates  on 
managerial  position  to  cover  a  certain  time  horizon  to  ensure  an  adequate  planning  of  the 
office)80.  

II. 

ANTI-CORRUPTION FRAMEWORK  

The  National  Anti-Corruption  Authority  is  the  main  entity  in  charge  of  the  prevention  of 
corruption  within  the  public  administration  supervising  the  adoption  of  the  local  three-year 
anti-corruption plans. The Anti-Corruption Unit of the Financial Police is responsible for the 

71   2021 Report of the First President at the High Court of Cassation, p. 25. 
72   2020 Rule of Law Report, country chapter on the rule of law situation in Italy, p. 7 
73   2021 Report of the First President at the High Court of Cassation: 50.5% of ordinary procedure trial at first 

instance court and 69.7% of opposition to the criminal decree end in acquittals. 

74   2020 Rule of  Law  Report,  country chapter  on the  rule of law  situation in Italy p. 7, footnote 68. See also 
Council  of  Europe,  Supervision  of  the  execution  of  the  European  Court’s  judgments,  Committee  of 
Ministers Decision CM/Del/Dec(2021)1406/H46-15 of 9 June 2021 and CM/Notes/1406/H46-15. 

75   2020 Rule of Law Report, country chapter on the rule of law situation in Italy, p. 8 
76   Amendments  to  the  draft  law  for  civil  procedure  presented  on  16  June  2021  to  Parliament.  These 
amendments  were  announced  in  National  Recovery  and  Resilience  Plan  (NRRP).  Information  received  by 
the Ministry of Justice in the context of the country visit to Italy. 

77   One  of  the  amendment  aims  at  establishing  mandatory  out-of  court  settlement.  In  that  respect  it  has  to  be 
noted  that  compulsory  requirements  to  use  ADR  before  going  to  court,  may  raise  concerns  about  their 
compatibility  with  the  right  to  an  effective  remedy  before  a  tribunal  enshrined  in  the  EU  Charter  of 
Fundamental Rights; Judgment of the Court of Justice of 18 March 2010, Rosalba Alassini v Telecom Italia 
SpA (C-317/08) EU:C:2010:146). 

78   Announced in the NRRP. In addition, the technical Commission established by the Ministry of Justice on 16 
March  2021  to  evaluate  the  draft  law  regarding  criminal  procedure,  has  delivered  its  Report  on  24  May 
2021.  

79   On 8 July 2021 the Council of Ministers approved the text of the reform to be submitted to the Parliament, 

including a new proposal for the statute of limitations. 

80   Ministerial Decree of 26 March 2021 establishing a technical commission for the preparation of amendments 
for the reform of the judiciary and the establishment and functioning of the High Council for the Judiciary. 

8 

 
                                                 
 
investigation  and  prevention  of  corruption  as  a  specialised  law  enforcement  body.  As  an 
independent authority at the Bank of Italy, the Financial Intelligence Unit for Italy provides 
support to the competent prosecutor’s office and cooperates with the Financial Police as the 
competent authority for receiving reports of suspicious financial transactions. 

The perception among experts and business executives is that the level of corruption in 
the  public  sector  remains  relatively  high.  In  the  2020  Corruption  Perceptions  Index  by 
Transparency International, Italy scores 53/100 and ranks 15th in the European Union and 52th 
globally81. This perception has significantly increased82 over the past five years83. 

Italy has a National Anti-Corruption Plan in place for the years 2019-2021. The central 
coordinating body for the plan84 is the National Anti-Corruption Authority. The plan, which 
is  the  overarching  strategy  for  the  prevention  of  corruption  in  the  public  administration, 
establishes  the  main  policy  objectives  to  prevent  corruption,  which  are  updated  every  year. 
The central themes of the 2021 update of the plan focus on public procurement as well as on 
the role and function of local anti-corruption officers that exist as focal points in every local 
administration85.  According  to  the  Anti-Corruption  Authority,  these  two  issues  will  also  be 
the main topics of the next three-year plan beyond 202186. The National Anti-Corruption Plan 
provides support to public administrations in the design and implementation of their entity-
specific three-year action plans87, with a current focus on public procurement and corruption 
risk  mitigation.  A  monitoring  system  exists  and  main  stakeholders  consider  it  to  function 
well88.  In  November  2020,  the  Anti-Corruption  Authority  has  launched  an  evaluation  to 
assess  the  extent  of  the  implementation  of  these  local  plans  adopted  by  the  public 
administrations89. 

81   Transparency  International,  Corruption  Perceptions  Index  2020  (2021),  pp.  2-3.  The  level  of  perceived 
corruption is categorised as  follows: low (the perception among experts and business executives of public 
sector  corruption scores  above  79);  relatively  low  (scores  between  79-60),  relatively  high  (scores  between 
59-50), high (scores below 50).  

82   In 2015 the score was 44, while, in 2020, the score is 53. The score significantly increases/decreases when it 
changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  is  relatively  stable 
(changes from 1-3 points) in the last five years. 

83   The Eurobarometer data on corruption perception and experience of citizens and businesses as reported last 
year is updated every second year. The latest data set is the Special Eurobarometer 502 (2020) and the Flash 
Eurobarometer 482 (2019). 

84   The National Anti-Corruption Plan was established as the main anti-corruption law in Italy by the Law No. 
190 of 6 November 2012, Prevention and repression of corruption in public administrations, Official Gazette 
of  the  Italian  Republic,  General  Series  No.  265  of  13  November  2012.  The  latest  plan  covers  the  period 
2019-2021,  Italian  Anti-Corruption  Authority,  National  Anti-corruption  Plan,  Resolution  No.  1064,  13 
November 2019. 

85   The anti-corruption officers have the responsibility to design and monitor the local anti-corruption plans over 

the period of three years. Information received in the context of the country visit to Italy.  

86   Information received by the National Anti-Corruption Agency in the context of the country visit to Italy. 
87   Each ministry and each local government and municipality or entity design and implement their own local 
plans.  Among others, such plan helps those  entities to establish rules  for the appointment of the person in 
charge of corruption prevention in the relevant interested public entities; specify the roles of public entities 
in  evaluating  and  managing  corruption  risks,  enhancing  transparency  in  the  administration,  supporting 
whistleblowers, and in the monitoring of privatisation procedures. The plan also sets up rules on the drafting 
of three-year anti-corruption plans in the areas most exposed to corruption, such as healthcare.  
88   Information received by Transparency International in the context of the country visit to Italy. 
89   Italian  Anti-corruption  Authority  has  designed  and  brought  into  practice  an  electronic  platform  for 
administrations  to  send  to  ANAC  data  and  the  annual  Report  of  the  Responsible  for  the  prevention  of 
corruption  and  transparency  of  the  specific  administration.  For  the  previous  evaluation,  a  sample  of  536 

9 

 
                                                 
 
Legislative amendments to repress corruption and corruption-related crimes in a more 
consistent  manner  have  entered  into  force.  Notably,  the  amendments90  to  the  Criminal 
Code introduced stricter sanctions on fraud91 and widened the personal scope for international 
corruption92.  In  addition,  the  legislation  on  abuse  of  office  was  modified  by  the  decree  to 
exclusively cover violations of rules of conduct provided for by law (or acts having the force 
of law) in order to reduce the level of discretion previously provided93. 

Cooperation  between  the  institutions  fighting  corruption  works  well,  especially  in  the 
context  of  organised  crime.  Cooperation  between  the  Financial  Police,  the  Financial 
Intelligence Unit, the Prosecutor’s Office at the Court of Auditors, the National Anti-Mafia 
Directorate and the Anti-Corruption Authority on flagging suspicious activities has proved to 
be effective, particularly with regard to corruption in public tender procedures and illegality 
in  the  public  administration94.  Similarly,  the  cooperation  with  customs  and  monopoly 
agencies is considered useful to uncover corruption in the larger context of organised crime 
infiltrating  the  economy  and  the  public  administration95.  According  to  the  financial  police 
and prosecutors, the resources and the level of specialisation of investigators and prosecutors 
as  well  as  their  access  to  information  in  relevant  registries  and  databases  is  generally 
sufficient  to  carry  out  their  tasks  in  the  repression  of  corruption.  Despite  important  recent 
legislative developments on the legal framework96, a lack of resources and limited experience 
and legal expertise affect the capacity of law enforcement authorities to pursue and prosecute 
foreign bribery effectively97. As a major exporter, Italy has recently dropped from active to 

public  administrations  had  been  assessed  with  regard  to  the  general  level  of  implementation  of  the  local 
three-year  plans  as  established  by  the  2016  National  Anti-Corruption  Plan.  Most  of  the  administrations 
(approximately  87%)  carried  out  inadequate  analyses  to  assess  the  risk  of  corruption  in  their  entity.  In 
particular, 27.1% of administrations had neglected the analysis of the socio-economic context. Compared to 
previous assessments, the general capacity of risk assessments has however approved across the country.  
90   Legislative Decree no. 75 of 14 July 2000, which entered into force on 30 July 2020, amended a wide range 
of  existing  legislation,  including  the  Criminal  Code,  Legislative  Decree  no.  74  of  2000  (on  tax  offences), 
Presidential  Decree  43/1973  and  Legislative  Decree  8/2016  (on  customs  matters),  and  Legislative  Decree 
231/2001 (on the liability of entities for administrative offences resulting from a criminal offence). 

91   Amendments  introduced  to  the  Criminal  Code  include:  an  aggravated  case  of  embezzlement  by  taking 
advantage of another person’s error (Art. 316); undue receipt of funds to the detriment of the State (Art. 316-
ter); undue inducement to give or to promise advantages (Article 319-quarter C.C.), in the event that the act 
is  detrimental  to  the  financial  interests  of  the  European  Union  and  the  damage  or  profit  exceeds  EUR 
100,000.  A  maximum  sentence  of  four  years  imprisonment  (instead  of  previously  three  years)  was 
introduced for the aforementioned offences. Input from Italy for the 2021 Rule of Law Report, p. 35. 

92   Art.  322-bis  of  the  Criminal  Code  was  amended  in  order  to  include,  among  those  punishable  for 
international  corruption,  also  persons  exercising  functions  or  activities  corresponding  to  those  of  public 
officials  and  persons  in  charge  of  public  service  in  non-EU  Member  States,  when  the  act  affected  the 
financial interests of the European Union.  

93   Input from Italy for the 2021 Rule of Law Report, p. 36. 
94   Information received by the  Financial Police/ Prosecutor’s Office  at the  Court of  Auditors/ National  Anti-

Mafia Directorate/ Anti-Corruption Authority in the context of the country visit to Italy. 

95   See above, Information received in the context of the country visit to Italy. 
96   In 2019, new legislation extended prescription periods and increased sanctions for bribery. Cf. also OECD, 
Statement  of  the  OECD  Working  Group  on  Bribery  on  Italy’s  implementation  of  the  Anti-Bribery 
Convention (2017).  

97   Information received in the context of the country visit to Italy.  

10 

 
                                                                                                                                                        
moderate  enforcement  regarding  foreign  bribery98,  although  attention  to  this  form  of  crime 
has significantly increased compared to ten years ago99. 

Efforts  to  fight  corruption  continue  to  be  hampered  by  excessive  disposition  times,  in 
particular  at  the  appeal  level.  A  draft  law  of  March  2020  to  improve  the  efficiency  of 
criminal trials and to speed up proceedings in the Courts of Appeal continues to be examined 
at the Chamber of Deputies100. Positive results in containing trial length had previously been 
recorded  by  first  instance  courts  and  the  Court  of  Cassation101.  Up-to-date  statistics  on 
investigations of corruption by the police as well as on prosecutions and convictions by the 
courts for the year 2020 are not available and are expected to be published in the course of 
2021102.  

Amendments  to  the  stand-alone  whistleblowers  law  are  at  the  final  legislative  stage. 
Until adoption103, the protection of whistleblowers in the private sector remains limited as it 
is  based  on  voluntary  compliance  programmes  that  not  all  companies  have  instituted104.  In 
practice, the Anti-Corruption Authority does not have the mandate to receive whistleblowers 
disclosures from private sector employees or to issue sanctions105. The extension of the scope 
of application to all companies with more than 50 workers will therefore be an important new 
level  of  protection  for  private  sector  whistleblowers.  In  June  2021,  the  Anti-Corruption 
Authority issued a new set of guidelines on whistleblowing106.  

A  legislative  proposal  on  conflicts  of  interest  for  parliamentarians  is  still  pending  in 
Parliament.  The  draft  law107  presented  in  May  2019  would  amend  and  replace  almost 

98   In the period 2016-2019, Italy opened 23 investigations, commenced nine cases and concluded four foreign 

bribery cases with sanctions. Transparency International, Exporting Corruption (2020), p. 73. 

99   Information received by the Prosecution Service at the High Court in the context of the country visit to Italy. 
100  Draft law No. 2435, ‘Delegation to the Government on the efficiency of the criminal trial and provisions to 
speed up judicial proceedings pending in the Courts of Appeal. The justice reform is part of Italy’s National 
Recovery and Resilience Plan responding to recommendations made under the European Semester cycle; see 
the  Council  Recommendation  of  9  July  2019  on  the  2019  National  Reform  Programme  of  Italy  and 
delivering a Council opinion on the 2019 Stability Programme of Italy, Country specific recommendation 4., 
p.  11,  and  Recommendation  for  a  Council  Recommendation  on  the  2020  National  Reform  Programme  of 
Italy and delivering a Council opinion on the 2020 Stability Programme of Italy, Recital 27; See also section 
I: Justice system. 

101  Information received in the context of the country visit to Italy. Cf. also 2020 Rule of Law Report, Country 
chapter on the rule of law situation in Italy, p. 7. Notable in this context is also the reform providing for the 
interruption  of  prescription  periods  after  a first-instance ruling,  in  line  with  a  long-standing  European 
Semester country-specific recommendation, which entered into force as of 2020. On disposition times, see 
also chapter I: Justice system pp. 6-7. 

102  Information received by the Financial Police in the context of the country visit to Italy. 
103  Amendments  were  approved  in  a  second  reading  on  31  March  2021  and  were  sent  to  the  senate  for  final 

approval. 

104  With the adoption of Law No. 179/2017, the whistleblowing regulation, which is generally applicable to the 
private sector, came into force on in December 2018. The protection scheme for whistleblowers provided by 
the  law  is  voluntary  and  applicable  only  to  those  companies  where  the  employer  has  adopted  an 
organisational  model  for crime prevention pursuant to Decree No. 231/2001 relating  to  corporate  criminal 
liability. The law requires only from those companies that have the Decree 231 model in place to set up a 
whistleblower reporting system for the protection of whistleblowers.  

105  In turn and as reported last year in the 2020 Rule of Law report, country chapter on the rule of law situation 
in Italy, p. 11, public sector reports to the Anti-Corruption Authority have significantly increased following 
the revision of the legal framework in 2017.  

106 According to the Italian authorities, this set of guidelines takes into account the principles of the Directive 

(EU) 2019/1937.  

107  Cf. Legislative proposal No. 1461, Macina and others, Legislative Proposal of interest (2018).  

11 

 
                                                 
entirely the provisions of Law No. 215/2004 on Conflicts of Interest108. It was approved by 
the Constitutional Affairs Committee of the Chamber of Deputies in October 2020, with an 
indicative  timeline  for  the  entry  into  force  on  1  July  2021109.  The  proposal  includes  the 
introduction  of  stricter  measures  for  members  of  national,  regional  and  local  government 
offices110.  The  adoption  of  a  formalised  Code  of  Conduct  Ethics  has  still  not  been 
achieved111.  Until  the  new law  enters  into  force,  legislation  on  conflicts  of interest  remains 
fragmented112. Similarly, the publication of asset declarations for members of the Chamber of 
Deputies and the Senate remain fragmented and non-transparent113.  

There is no law on lobbying towards members of the Government in place, but several 
draft  laws  have  been  presented  to  Parliament.  The  draft  laws114  present  the  general 
framework  for  dealings  with  interest  representatives  based  on  the  experience  with  the 
Transparency  Registers  of  the  Ministry  for  Economic  Development  and  the  Ministry  of 
Labour115. There is no specific reference to the introduction of a ‘legislative footprint’ but the 
Government  has  committed  in  the  4th  National  Action  Plan  for  Open  Government  to 
establish  a  working  group  on  the  development  of  a  unified  national  transparency  register, 
including  the  public  agendas  of  all  decision-makers  disclosing  meetings  with  lobbyists116. 
Until an operational lobby register, including a legislative footprint, is in place, regulation of 
lobbying vis-à-vis the government remains fragmented117.  

108  Input from Italy for the 2021 Rule of Law Report, p. 30. 
109  Information received in the context of the country visit to Italy. 
110  The proposal provides for additional cases of ineligibility  for the office  of deputy  senator and senator and 
regional Councillor. It includes new rules on the ineligibility of magistrates and provisions on the regulatory 
regime  to  be  applied  to  magistrates  who  are  candidates  in  the  elections.  It  delegates  the  Government  to 
define  a  more  stringent  discipline  for  the  prevention  of  conflicts  of  interest  in  the  public  administration, 
entrusting  the  Anti-Corruption  Authority  with  specific  powers  to  intervene  and  to  impose  sanctions, 
providing for greater forms of transparency with respect to the current regulatory framework. The proposal 
enlarges  the  provisions  on  non-transferability  of  offices  (currently  governed  by  Legislative  Decree  no. 
39/2013),  and  limits  the  possibility  of  accumulating  roles  in  administrative  and  control  bodies  in  publicly 
controlled  companies  and  the  extension  of  the  subjective  scope  of  the  rules  on  conflicts  of  interest.  Cf. 
GRECO, Fourth Evaluation Round, Second Compliance Report – Italy, paras. 15-19. 

111  Cf. GRECO, Fourth Evaluation Round, Second Compliance Report – Italy, paras. 10-11, recommending also 

to further develop the range of non-criminal sanctions for unethical behaviour. 

112  As reported last year in the 2020 Rule of Law Report, country chapter on the rule of law situation in Italy, p. 

11. 

113  This refers also to members of the Government and senior civil servants, see for more details the 2020 Rule 
of Law Report, Country chapter on the rule of law situation in Italy, p. 11. This is despite Italy’s open data 
commitment in the G20 context, cf. also G20 Anti-Corruption Open Data Principles (2015). 

114  According to information received by the Government, nine draft laws have been presented to the Chamber 
and the Senate. Three of those have been sent to the Committee on Constitutional Affairs. Notably, the draft 
laws before the Senate were presented in 2018 and 2019. 

115  Information received by the Chancellery of the Presidency Office in the context of the country visit to Italy. 
As part of commitments of the Italian Government under the 3rd Open Government Action Plan, the Ministry 
for  Economic  Development  and  the  Ministry  of  Labour  adopted  a  Transparency  Registry  and  a  Code  of 
Conduct in September 2018. 

116  Italian Government, 4th National Action Plan for Open Government (2019-2021), p. 19. 
117  Decision No. 208/2017 only regulates activities of the Chamber of Deputies, not of the Senate. Across the 
national  territory,  the  situation  remains  fragmented  with  no  national  register  for  the  government.  Some 
regions  and  municipalities  have  taken  positive  steps  forward  and  implemented  regulation  (e.g.  Milan  and 
Rome  publish  meetings  between  stakeholders  and  public  decision-makers  online  for  some  of  their 
departments)  but  there  is  no  systematic  or  standardised  approach.  Cf.  GRECO,  Fourth  Evaluation  Round, 
Second Compliance Report, paras. 30-37. 

12 

 
                                                 
The  legislative  proposal  on  conflicts  of interest  presented  in  2020  provides  for  revised 
rules  on  post-employment  (‘revolving  doors’).  In  terms  of  scope,  the  proposal118  covers 
members  of  Parliament  as  well  as  top  executive  officials  but  does  not  extend  to  public 
officials directly related to ministers, such as heads of cabinets. The length of the proposed 
cooling-off period of one year is currently still under discussion119.  

Italy  prohibits  direct  public  funding  to  political  parties,  including  for  political 
campaigns.  Consequently,  political  parties  need  to  finance  themselves  almost  exclusively 
through  private  donations  from  individual  donors  or  legal  entities120.  This  has  created  a 
significant reliance on parliamentarians to fund political campaigns from their own resources, 
making political  actors  more dependent  on private donations and more  vulnerable to  undue 
influence121. There is a relatively high ceiling for private donations at EUR 100,000 per year. 
However, the rules on the transparency of financing to political organisations in force since 
2019  oblige  parties  to  publish  data  on  donations122.  Donations  over  EUR  500  received,  in 
money  or  in-kind,  need  to  be  published  along  with  the  donor’s  identity  within  one  month 
from the date of reception. Failure to comply with the publication requirement is punishable 
with  an  administrative  fine  of  three  to  five  times  the  value  of  the  non-reported  donation. 
Foreign  donations  are  banned.  Concerns  exist  as  to  the  capacities  and  resources  of  the 
oversight  and supervisory bodies123. The practice of channelling donations through political 
foundations  and  associations  before  they  are  transferred  to  political  parties  may  present  an 
obstacle to public accountability, as such transactions are difficult to trace and monitor124. 

The COVID-19 pandemic significantly increased the risk of corruption and corruption-
related  crimes  being  committed  to  further  infiltrate  the  legal  economy  of  Italy. 
According  to  the  police,  criminals  have  benefitted  in  particular  from  purchases  of  small 
private  enterprises,  such  as  restaurants  in  economic  difficulties  due  to  the  COVID-19 

118  Chamber  of  Deputies,  6  October  2020,  Bulletin  of  Parliamentary  Constitutional,  Prime  Minister’s  and 
Interior Affairs Committees, ‘Provisions on conflicts of interest. C. 702 Fiano, C. 1461 Macina and C. 1843 
Boccia’. 

119  Information  received  in  the  context  of  the  country  visit  to  Italy.  Cf.  GRECO,  Fourth  Evaluation  Round, 
Second  Compliance  Report,  para.  28.  Notably,  the  National  Anti-Corruption  Authority  entrusted  with  the 
powers  of  assessing  infringements  and  imposing  sanctions  had  called  on  the  government  to  improve  the 
legislation  on  revolving  doors,  cf.  Italian  Anti-Corruption  Authority  (2020),  Reporting  act  No.  6,  27  May 
2020  on  revolving  doors.  No  data  is  available  so  far  on  cases  of  revolving  doors,  as  the  Anti-Corruption 
Authority  is  still  at  an  early  stage  in  the  assessment,  according  to  information  received  by  the  Anti-
Corruption Authority in the context of the country visit to Italy. 

120  Following  a  referendum  in  1993  and  the  consequent  measures  adopted  from  1993  to  2013,  direct  public 

funding to political parties was banned.  

121  Data  published  by  the  Chamber  of  Deputies,  who  mapped  donations  during  the  period  of  February  to 
November 2019, indicates that 72.7% of funds allocated to Italian parties came from members of parliament, 
22.9% from physical persons and 4.9%from private companies. See also Transparency International, Soldi e 
politica: cosa ci dicono i dati? (Nov. 2020).  

122  Law  No.  3/2019.  A  centralised,  machine-readable  register  is  not  in  place.  Cf.  GRECO,  Third  Evaluation 
Round,  Second  Addendum  to  the  Second  Compliance  Report,  para.  37,  recommending  to  introduce  a 
coordinated  approach  for  the  publication  of  information  on  the  financing  of  political  parties  and  election 
campaigns, and to ensure that such information is made available in a coherent, understandable and timely 
manner.  

123  Oversight bodies include the Committee for the Transparency and Control of Financial Statements of Parties 

and Political Movements, the Court of Audit and the Regional Electoral Guarantee Board. 

124  This  practice  has  reportedly  raised  the  attention  of  investigators  and  prosecutors  at  the  outset  of  2020. 
Donations made to third-party associations accounted for nearly EUR 10 million, or 37 per cent of the total 
volume of political funding in 2019. Cf. Transparency International, Debugging Democracy, Open data for 
political integrity in Europe (2020), pp. 4 and 19-20. 

13 

 
                                                 
pandemic, and of sanitary products, including face masks, protective equipment and medical 
gadgets,  which  can  serve  as  a  means  to  facilitate  other  corruption-related  crime,  such  as 
money  laundering125.  Furthermore,  the  Law  Decree  on  measures  for  administrative 
simplification and digitalisation adopted in July 2020 also introduced a special regime for the 
award  of  public  contracts126.  The  measures  focus  on  fast  procedures  and  direct  awards 
without  official  competition127,  on  simplified  award  procedures  and  on  sanctions  for  those 
who  suspend  or  slow  down  the  award  and  execution  of  public  works,  all  of  which  risk  to 
facilitate corruption128. The Anti-Corruption Authority updated its public contracts’ database 
in  September  2020  and  produced  new  corruption  risk  indicators  in  the  public  procurement 
sector in December 2020129. 

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

Freedom  of  expression  and  information,  press  freedom  as  well  as  the  principle  of 
transparency  of  media  financing  are  enshrined  in  the  Italian  Constitution130.  Secondary 
legislation establishes a robust framework geared at ensuring media pluralism in the country 
while  the  independent  converged  media  regulator,  the  Authority  for  Guaranteeing 
Communications  (AGCOM),  is  established  by  law.  The  criminal  penalty  for  defamation, 
which is of up to one year of imprisonment, is currently under review by the legislature while 
legislation is pending to transpose the AVMS Directive. Journalists must be registered in the 
Order of Journalists, which provides for self-government by the profession. 

The  regulator  for  audiovisual  media  services,  AGCOM,  continues  to  function 
independently  and  effectively.  In  November  2020,  AGCOM’s  Observatory  on  Journalism 

125 Information received by the Financial Police in the context of the country visit to Italy. Information received 

in the context of the country visit to Italy. 

126  Law Decree No. 76/2020. 
127  The measures raise the ceiling for direct awards from EUR 40,000 to EUR 150,000 to simplify procedures 

relating to works contracts, and from EUR 40,000 to EUR 75,000 relating to services and supplies. 

128  The Anti-Corruption Authority emphasised that the choice to derogate from “any provision of the law other 
than  criminal  law”  appears  disproportionate  to  the  objective  of  encouraging  public  investments  and  of 
coping  with  the  negative  COVID-19  related  economic  repercussions,  see  Anti-Corruption  Authority, 
‘Analysis  of  the  articles  of  the  Law  Decree  16  July  2020’  (Esame  e  commento  degli  articoli  del  decreto-
legge  16  luglio  2020,  n.  76  «Misure  urgenti  per  la  semplificazione  e  l’innovazione  digitale»  in  tema  di 
contratti  pubblici,  trasparenza  e  anticorruzione)  (2020).  In  addition,  in  order  to  address  the  emergency 
related to the  COVID-19 pandemic, in  April 2020 the  Italian National  Anti-Corruption  Authority issued a 
Handbook  with  a  systematic  overview  of  the  national  relevant  law  provisions  to  accelerate  and  simplify 
tender procedures. 

129  The  database  includes  information  on  51.9  million  procurement  procedures,  38,500  contracting  authorities 
and  234,000  bidders.  Cf.  data  published  on  the  website  of  the  Anti-Corruption  Authority.  Data  that 
previously  used  to  be  less  accessible  or  required  ad-hoc  extractions  -  for  example  on  sub-contracts, 
variations  in  the  execution  of  works,  or  lists  of  companies  that  qualified  to  execute  certain  categories  of 
works  -  is  systematically  made  available  on  the  Authority’s  website,  including  now  also  descriptive 
statistics. A working paper of the Authority presents a new corruption risk index with indicators built on the 
data  of  the  National  Database  of  Public  Contracts  to  measure  corruption  risks  at  the  local  level  and  to 
promote transparency in public procurement. See Anti-Corruption Authority, 'Data analysis and construction 
of  corruption  risk  indicators  for  the  National  Database  of  Public  Contracts',  Working  paper  n.  5  (2020), 
http://www.anticorruzione.it/portal/rest/jcr/repository/collaboration/Digital%20Assets/anacdocs/Attivita/Pub
blicazioni/Collana%20scientifica%20Autorita/Collana%20scientifica%20Anac%20-
%20Matteo%20Tro%C3%83%C2%ACa%20WP%20n.5.pdf 

130  Constitution  of  Italy,  Article  21.  Italy  maintains  its  relatively  low  ranking  at  41st  place  worldwide  in  the 
Reporters  without  Borders  2021  World  Press  Freedom  Index  (and  20th  in  the  EU)  due  to  the  significant 
number of journalists who live under police protection.  

14 

 
                                                 
published a report related, among others, to the journalistic profession during the COVID-19 
pandemic131  and  the  many  challenges  journalists  faced  before  and  during  the  pandemic.  It 
documents  deteriorating  working  conditions,  the  increase  in  freelance  work  and  other 
precarious  work  and  a  lack  of  a  specialist  knowledge  among  journalists,  not  least  on 
COVID19-related subjects132. 

The Government provided financial support to the media sector to mitigate the impact 
of  the  COVID-19  pandemic.  In  2021,  the  Italian  government  introduced  a  series  of 
economic measures to mitigate the impact of the COVID-19 pandemic which have included 
certain media-specific measures, namely a tax credit for advertising expenditures; a tax credit 
for  kiosks;  a  tax  credit  for  technological  investments  in  digital  media  and  a  tax  credit  for 
paper purchases133. Parliament also approved the postponement of budgetary cuts which were 
scheduled to be made to the Fund for pluralism of information134. Access to this fund is based 
on  a  series  of  objective  criteria,  i.e.  only  newspapers  edited  by  cooperatives  of  journalists, 
non-profit publications and those catering for linguistic minorities, should be entitled to the 
public  support.  The  Constitutional  Court  has  held  that  in  such  a  fundamental  area,  a 
transparent regulatory framework is required while the allocation of resources must be based 
on clear and objective criteria135.  

The  political  independence  of  the  Italian  media  remains  an  issue  of  concern  in  the 
absence of an effective law regulating conflicts of interest. Draft reforms are still pending 
in parliament in spite of the fact that the issue remains a key political topic in the country136. 
While  Italy’s  leading  newspapers  are  not  directly  or  indirectly  owned  by  politicians  or 
political parties, editorial lines reflect the strong polarization of the Italian political scene. For 
these reasons, MPM2021 considers political independence in general and editorial autonomy 
in  particular  to  be  at  medium  risk137.  In  Italy,  we  observe  high  concentration  levels  in  all 
news media sub-sectors138. 

Issues  inhibiting  effective  access  to  information  were  reported.  Italy’s  Freedom  of 
Information Act (FOIA)139 regulates ‘civic access’ to data and documents held by the public 
administration.  MPM  2021  refers  to  independent  reports  which  point  out  that  the 
justifications  provided  by  the  authorities  to  refuse  access  to  information  are  occasionally 
vague and not clearly grounded in the exemptions provided by the law. During the COVID-

131  Autorità  per  le  Garanzie  nelle  Comunicazioni  (AGCOM),  Osservatorio  sul  Giornalismo  III  edizione  -  La 
professione alla prova dell'emergenza Covid-19 - documento di consultazione pubblica, November 2020.  
132  NGOs consulted during the country  visit have confirmed that precarious  work  has become a real problem 
impacting the profession and that the sector’s economic prospects had been seriously deteriorating prior to 
the COVID-19 pandemic.  

133  Law 27/2020 and Budget Law 178/2020.  
134  Department for Information and Publishing, Fondo per il pluralismo e l'innovazione dell'informazione. 
135  Constitutional Court, Decision 206/2019 (ECLI:IT:COST:2019:206).  
136  Amendments to Law 215/2004 known as the “Legge Frattini”.  
137  2021 Media Pluralism Monitor, pp. 15-16.  
138  See MPM 2021, p. 12 for the market shares of leading players in different news media  sub-sectors. Italian 
law  sets  limits  to  market  share  for  each  media  market  (technical  limit)  and  for  the  overall  media  market 
(economic limit). No infringements of the technical limit have been established by AGCOM so far (MPM 
2021, p. 13). Lack of standardized and comparable data and metrics on audience of the digital media is an 
issue (MPM 2021, p. 21). 

139  Decree-law 97/2016. 

15 

 
                                                 
19  pandemic,  the  suspension  of  the  FOIA  regime  between  28  February  and  15  April  2020 
was motivated on operational grounds rather than on public health protection grounds140.  

The laws on defamation have not been amended and remain subject to parliamentary 
scrutiny.  However,  in  the  light  of  the  pronouncements  of  the  Constitutional  Court  on  the 
matter141 described in detail in the 2020 Rule of Law Report142 and which were welcomed by 
press  freedom  organisations,  MPM  2021  has  lowered  the  risk  level  for  this  particular 
indicator143. On 22 June 2021, the Constitutional Court found Article 13 of the Press Act - as 
far  as  it  provides  for  the  penalty  of  imprisonment  for  press  defamation  -  to  be 
unconstitutional  and  incompatible  with  Article  10  of  the  European  Convention  on  Human 
Rights144.  

Physical  attacks,  death  threats  and  other  forms  of  intimidation  against  journalists 
remain  an  issue  of  concern.  Since  the  last  rule  of  law  report  eight  alerts  concerning  Italy 
were registered by the Council of Europe’s Platform to promote the protection of journalism 
and  safety  of  journalists145.  They  have  included  arson  attacks,  physical  attacks,  cases  of 
serious intimidation and online threats sent to the President of the Italian Press Association. 
One  of  the  alerts,  dated  April  2021,  refers  to  alleged  wiretapping  of  at  least  15  journalists 
working  on  migration  issues  as  part  of  a  public  prosecutors’  investigation  into  relations 
between  NGOs  and  traffickers.  European  and  Italian  associations  representing  journalists 
have described this as a very serious case and a "massive violation of the confidentiality of 
journalists' sources"146. Despite the repeated requests made by the Italian Press Association, 
the protection of journalistic sources and the framework law on the professional  secrecy of 
journalists  remain  inadequate147.  As  a  result,  MPM,  once  again  scores  the  indicator  on 
journalistic profession, standards and protection as medium risk. Both MPM 2021 and several 
stakeholders148  have 
journalists'  working  conditions, 
characterised  by  a  growing  gap  between  employed  journalists  and  freelancers  and  a 
generalised  reduction  in  newsroom  staff,  as  an  issue  of  major  concern149.  The  Italian 
Coordination Centre dealing with acts against journalists set up in 2017 and considered a best 
practice at EU level - registered a significant number of acts of intimidation, namely 163 such 
acts in 2020150 and 63 such acts between January and March 2021151.  

the  deterioration  of 

flagged 

140  2021 Media Pluralism Monitor, p.10.  
141  Constitutional Court, Ordinance n. 132/2020.  
142  2020 Rule of Law Report, country chapter for Italy, p. 14.  
143  2021Media Pluralism Monitor, pp. 9-1011.  
144  Official Press Release of the Italian Constitutional Court dated 22 June 2021 published on its website.  
145  Council of Europe, Platform to promote the protection of journalism and safety of journalists, Italy. Italy has 

replied to six of those alerts.  

146  Council of Europe, Platform to promote the protection of journalism and safety of journalists.  
147  Contribution  from the Italian  National Press Federation  for the 2021 Rule of  Law  Report and information 

received in the context of the country visit to Italy.  

148  Contribution from Ossigeno per l’informazione for the 2021 Rule of Law Report.  
149  2021 Media Pluralism Monitor p. 10-1 and stakeholder contributions mentioned in footnotes 145 and 146 
150  Representing an increase of 87% over 2019. 
151  Ministry of Interior - Department of Public Security, Central Direction of the Criminal Police, Intimidatory 

Acts Perpetrated against journalists, 2020.  

16 

 
                                                 
IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Italy  is  a  unitary  parliamentary  republic  with  an  indirectly  elected  President152.  The 
Parliament is bicameral: it comprises the Chamber of Deputies and the Senate, both having 
the same powers. The right of legislative initiative is vested in the Government, the members 
of  Parliament,  50  000  citizens,  the  National  Council  for  Economics  and  Labour153,  and  the 
Regional  Council.  Several  regional  ombudspersons  are  responsible  for  safeguarding  the 
freedoms  and  rights  of  persons154.  The  Inter-ministerial  Committee  for  Human  Rights 
(CIDU) interacts  with  civil society,  academia,  and all relevant  stakeholders to  promote and 
protect human rights. 

Ex ante regulatory impact assessments are regularly used, however public consultations 
and ex-post regulatory impact assessments are still limited155. The Decree of the President 
of the Council of Ministers no. 169/2017 requires all public administrations to publish a six-
month  forward  publication  of  information  for  each  regulatory  initiative.  Yet,  standardised 
procedures for stakeholder analysis have not been put in place156. The increased use of digital 
tools  for  public  consultations  has  slightly  improved  the  effectiveness  of  the  process.  In 
particular,  innovative  and  interactive  tools  that  allow  for  a  greater  participation157  of  users 
have been experienced through the use of platforms158. In some cases, users also receive the 
public  administration’s  feedback159.  However,  consultation  are  mainly  carried  out  using 
traditional  techniques160.  Ex-ante  impact  assessments  are  regularly  used,  and  the  use  of  ex-
post assessments has started. In particular, in 2020, ex-post evaluations have been carried out 
on the acts which have been identified by the two-year plans of 2019161.  

The emergency situation regime related to the COVID-19 pandemic is still in place and 
a  new  parliamentary  commission  is  to  be  set  up  to  strengthen  the  role  of  Parliament 
during  emergency  situations.  In  April  2021,  the  Government  extended  the  emergency 
situation  regime  until  31  July  2021,  while  adopting  measures  to  progressively  reduce 
restrictions162.  Measures  to  tackle  the  pandemic  situation  continued  to  be  adopted  by 
Government through decree-laws163, which are immediately effective and are then converted 

152  The President is elected by Parliament, meeting in joint session, together with 58 regional electors. 
153  The National Council for Economics and Labour is also vested with the right to propose legislation in the 

economic and social field. 

154  For more information, see Ombudsman of Tuscany website: http://www.difensorecivicotoscana.it.  
155  2020 Rule of Law Report, country chapter on the rule of law situation in Italy, p. 16. 
156  Contribution from the Department for public administration and the Department for institutional reforms for 

the 2021 Rule of Law Report. 

157  Users can comment on a draft document and display others participants’ contributions. 
158  Compared  to  dedicated  websites,  digital  platforms  widely  expand  on  simultaneous  and  interactive 

participation of users in call for proposal and ideas, and text commenting.  

159  For  instance,  with  specific  regard  to  the  consultations  carried  out  on  the  platform  “Partecipa”,  in  5  cases, 
final reports on the consultation process have been published. The final reports give information about the 
results  of  the  initiatives  (e.g.  number  of  respondents,  content  of  their  submissions,  and  in  some  cases,  the 
public administrations’ feedback on their acceptance). 

160  Such as notice and comment via e-mail or supported by forms (about 60%) or online questionnaires (about 
20%).  Less  frequent  is  the  use  of  more  innovative  techniques  such  as  online  fora  (about  15%)  and  online 
text-commenting tools (about 5%). See also Consultazione Platform for public consultations. 

161  To date, 4 ex-post evaluations have been produced, of which 1 in 2020 and 3 in the first quarter of 2021.  
162  Decree law no. 65 of 18 May 2021.  
163  Between 25 February 2020 and 31 March 2021, 49 decree-laws were adopted.  

17 

 
                                                 
by Parliament into Law164. The President of the Council of Ministers may also directly adopt 
emergency  measures,  which  take  the  form  of  a  decree  of  the  President  of  the  Council  of 
Ministers. In these cases, before the adoption, the Government has to present the content and 
main objectives of the decree to  the Parliament.  Where this presentation is  not  possible for 
reasons  of  urgency,  a  follow-up  communication  to  the  Chambers  is  provided,  in  general, 
every  15  days165.  Due  to  the  COVID-19  pandemic,  in  the  first  months  of  the  emergency 
situation  regime,  Parliament  decided  to  examine  only  urgent  acts  and  any  subject  linked  to 
the  health  emergency.  Ordinary  works  were  resumed  in  May  2020.  In  order  to  ensure  a 
central  role  for  Parliament  during  the  COVID-19  pandemic  and,  more  generally,  during 
emergencies,  the  Senate  proposed  to  set  up  a  special  bicameral  Commission166  to  be 
consulted  on  any  act  of  the  Government  related  to  the  pandemic  emergency.  This 
Commission, which remains to be established, would have a consultative function and would 
act as a link with the local entities167. Some measures adopted by decree of the President of 
the  Council  of  Ministers  have  been  challenged  before  administrative  courts,  which  had  to 
assess  on  their  proportionality  with  respect  to  limitation  of  fundamental  rights168.  The 
provision related to the suspension of the course of the statute of limitation was challenged 
before the Constitutional Court169, which did not find a risk of abuse of legislative power170.  

No progress regarding the establishment of an independent human rights institution has 
taken  place171.  The  creation  of  an  Independent  National  Human  Rights  Institution  (NHRI) 
remains subject to debate172. In October 2020, the two original draft proposals for the creation 
of a NHRI, tabled in 2018, were merged into one single proposal by the Parliament. The new 
text  is  currently  being  discussed  in  the  Commission  for  the  promotion  and  protection  of 
fundamental rights of the Chamber of Deputies173. The proposal would establish a NHRI, in 
line with the Paris Principles and the recommendations from the United Nations.  

The  civic  space  continues  to  face  challenges  but  certain  aspects  of  the  legislation 
regarding  civil  society  organisations  dealing  with  migrants  have  been  improved.  In 
October  2020,  some  improvements  to  the  legislation  regarding  civil  society  organisations 

164  Between 25 February 2020 and 31 March 2021, 69 laws and 51 legislative decrees  were adopted. Decree-
laws are Government acts with the value of laws adopted in case of urgency, which need to be converted into 
law by Parliament within 60 days or otherwise lose effect. 

165  The  Ministry  of  Health,  on  a  weekly  basis,  communicates  to  Parliament  the  results  of  the  monitoring  of 
epidemiological  data.  The  decrees  adopted  of  the  President  of  the  Council  of  Ministers  have  to  be 
communicated to the Chambers within the day following their publication pursuant to Art. 2 of Decree-law 
no° 19 of 2020. 

166  The  Parliamentary  Commission  on  the  epidemiological  emergency  of  COVID-19  is  composed  of  10 

Members from the Senate and 10 Members from the Chamber of Deputies. 

167  Senato della Repubblica, XVIII Legislatura, Il 'Governo in Parlamento' in tempo di pandemia, Una proposta 

della Commissione Affari costituzionali del Senato, April 2021. 

168  For  example,  a  relevant  number  was  related  to  the  use  of  masks  at  school  and  scientific  data  regarding 
sufficient  level  of  oxygen  (Council  of  State,  decree  n.  1804  of  2  April  2021).  Others  relate  to  distance 
learning (Council of State, sez. III, decree, 07/04/2021, n. 1832, Pres. Est. Frattini). 

169  See also 2020 Rule of Law Report, country chapter for Italy, p. 15. 
170  The  Constitutional  Court  in  its  ruling  no.  278/2020  noted  that  the  short  duration  was  compatible  with  the 

reasonable duration of the trial and the measure was justified by the aim of protecting public health. 

171  2020 Rule of Law Report, country chapter on the rule of law situation in Italy, p. 16. 
172  For  instance,  on  25  of  January  2021,  the  Bocconi  University,  together  with  the  EU  Fundamental  Rights 
Agency and the Italian Inter-ministerial Committee for Human Rights (CIDU), held a Webinar on the issue. 

173  Chamber  of  Deputies,  Preparatory  work  of  draft  proposal 

for 

the  creation  of  a  NHRI, 

https://www.camera.it/leg18/126?tab=4&leg=18&idDocumento=1323&sede=&tipo. 

18 

 
                                                 
dealing with migrants were put in place174, in particular provisions175 governing the activities 
of  CSOs  carrying  out  search-and-rescue  operations  at  sea176.  Despite  the  pandemic,  the 
cooperation  with  civil  society  organisations  has  been  strengthened177.  However,  concerns 
remain  as  regards  the  complexity  of  the  registration  process  for  NGOs  and  delays  in  the 
implementation  of  the  law  harmonising  rules  on  the  non-profit  sector178.  Despite  recent 
positive developments with the dismissal of the case against a human right defender179 active 
in the migration and asylum field, some concerns remain in this field180. Moreover, the civic 
space is still considered as narrowed181. 

174  Following  the  Conference  of  INGOs  of  the  Council  of  Europe,  Civil  participation  in  the  decision-making 

process, Fact Finding Mission to Italy, May 2019. 

175  Decree-law no. 130 of 21 October 2020. 
176  It now limits the possibility to prevent disembarkation in Italian ports only to solid reasons of public safety 
or the violation of anti-trafficking legislation. This law also no longer allows confiscation of a vessel in case 
of non-compliance with official refusal to disembark. Information received in the context of the country visit 
to Italy. 

177  The Inter-ministerial Committee for Human Rights (CIDU) has involved Civil Society in the elaboration of 
both  the  first  National  Plan  of  Action  on  Business  and  Human  Rights  and  the  third  and  fourth  National 
Action  Plan  on  Women,  Peace  and  Security,  under  which  an  open-ended  1325  Working  Group  has  been 
established;  Input  from  Italy  for  the  2021  Rule  of  Law  Report;  the  Open  Government  Forum  resumes  its 
work in April 2021 to foster dialogue and promote responsibility between member governments and citizens. 
Information received in the context of the country visit to Italy. 

178  2020 Rule of Law Report, country chapter on the rule of law situation in Italy, p. 16. 
179  Dismissal of the case on 19 May 2021 by the Judge for Preliminary Investigation. 
180  See  pillar  III,  p.  16  regarding  the  alert  dated  April  2021  on  Council  of  Europe,  Platform  to  promote  the 
protection of journalism and safety of journalists, Italy, and related to the criminal investigation carried out 
by the Public Prosecutor Office of Trapani in 2016, disclosed in 2021, during which wiretapping had been 
put in place against journalists and CSOs. The Ministry of Justice opened formal checks on the activities of 
the Prosecution Office in April 2021. 

181  Ratings given by Civicus, Italy. 

19 

 
                                                 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2021 Rule of Law report 
can  be  found  at  https://ec.europa.eu/info/policies/justice-and-fundamental-rights/upholding-rule-
law/rule-law/rule-law-mechanism/2021-rule-law-report-targeted-stakeholder-consultation. 

Autorità per le Garanzie nelle Comunicazioni (AGCOM), Osservatorio sul Giornalismo III edizione - 
La  professione  alla  prova  dell'emergenza  Covid-19  -  documento  di  consultazione  pubblica, 
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20 

 
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21 

 
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22 

 
Annex II: Country visit to Italy 

The Commission services held virtual meetings in April 2021 with: 

Infonodes  

  AGCOM (Media Authority)  
  Anti-corruption Agency (ANAC) 
  Anti-corruption Unit of the Financial police 
  Antigone 
  Article 21 
  Association of European Journalists  
  Council for the Judiciary  
  Council of State 
  Court of Auditors and Prosecutor’s Office at the Court of Auditors  
  High Court of Cassation  
 
  Libera  
  Ministry of Justice 
  National Anti-mafia and Anti-terrorism Directorate (DNAA)  
  National Association of Magistrates (ANM) 
  National Bar Association  
  National Federation of the Italian Press 
  Ossigeno per l’informazione 
  Parliament 
  Presidency of the Council of Ministers 
  Prosecution Service at the High Court of Cassation  
  The good lobby 
  Transparency International  

* The Commission also met the following organisations in a number of horizontal meetings: 

  Amnesty International 
  Center for Reproductive Rights 
  CIVICUS 
  Civil Liberties Union for Europe 
  Civil Society Europe 
  Conference of European Churches 
  EuroCommerce 
  European Center for Not-for-Profit Law 
  European Centre for Press and Media Freedom 
  European Civic Forum 
  European Federation of Journalists 
  European Partnership for Democracy  
  European Youth Forum 
  Front Line Defenders 
  Human Rights House Foundation  
  Human Rights Watch  
 
 
 
 
 

ILGA-Europe 
International Commission of Jurists 
International Federation for Human Rights 
International Planned Parenthood Federation European Network (IPPF EN) 
International Press Institute 

23 

 
  Netherlands Helsinki Committee  
  Open Society European Policy Institute 
  Philanthropy Advocacy 
  Protection International  
  Reporters without Borders 
  Transparency International EU 

24