COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report Country Chapter on the rule of law situation in Italy Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report The rule of law situation in the European Union
Date: 2023-07-05
Institutions: European Commission, Secretariat-General
Subjects: Italy, administrative transparency, corruption, democracy, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 5.7.2023  SWD(2023) 812 final  COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report           Country Chapter on the rule of law situation in Italy Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report                                    The rule of law situation in the European Union {COM(2023) 800 final} - {SWD(2023) 801 final} - {SWD(2023) 802 final} - {SWD(2023) 803 final} - {SWD(2023) 804 final} - {SWD(2023) 805 final} - {SWD(2023) 806 final} - {SWD(2023) 807 final} - {SWD(2023) 808 final} - {SWD(2023) 809 final} - {SWD(2023) 810 final} - {SWD(2023) 811 final} - {SWD(2023) 813 final} - {SWD(2023) 814 final} - {SWD(2023) 815 final} - {SWD(2023) 816 final} - {SWD(2023) 817 final} - {SWD(2023) 818 final} - {SWD(2023) 819 final} - {SWD(2023) 820 final} - {SWD(2023) 821 final} - {SWD(2023) 822 final} - {SWD(2023) 823 final} - {SWD(2023) 824 final} - {SWD(2023) 825 final} - {SWD(2023) 826 final} - {SWD(2023) 827 final}  
 
 
ABSTRACT 

The comprehensive civil and criminal justice reforms, aiming at improving their efficiency of 
procedures, were complemented with the adoption of the implementing legislation.  The full 
effect  of  the  reform  of  the  High  Council  for  the  Judiciary  is  being  evaluated.  The  directly 
applicable provisions of this reform have been put to full use while concerns remain on the 
parts  depending  on  implementing  legislation,  which  is  still  to  be  adopted.  The  newly 
established  tax  courts  started  functioning,  with  some  challenges  regarding  their  full 
independence from the executive. Concerns have been raised by some stakeholders on the draft 
laws  regarding  the  separation  of  careers  of  judges  and  prosecutors  and  reforming  the 
Prosecution Service. The digitalisation of the justice system has significantly improved while 
the amended procedural rules allowing the digitalisation in criminal justice remain to be fully 
implemented. The length of proceedings, while improving, still remains a serious challenge. 

The Anti-Corruption Authority approved a new National Anti-Corruption Plan (2023-2025). 
A draft law was tabled aimed at abrogating the offence of abuse of public office and limiting 
the scope of the offence of trading in influence. The impact of the criminal justice reform on 
corruption cases closed after the lapse of two years at appeal level is being monitored. Steps 
were taken to enhance digitalisation and interconnection of registries as investments in IT tools 
have  increased  and  financial  information  is  available  to  law  enforcement  authorities. 
Comprehensive legislation on conflicts of interest has not been adopted yet. A parliamentary 
inquiry on the need to adopt comprehensive rules on lobbying is underway. Hearings in the 
Senate  to  address  the  practice  of  channelling  donations  through  political  foundations  and 
associations have started. The new law on whistleblower protection entered into force covering 
breaches of both EU and national law. A new public procurement code aimed at simplification 
and efficiency of procedures has been adopted and will enter into force in July 2023. 

The  legal  framework  regulating  the  media  sector  is  robust  and  effective  while  the  media 
regulator is independent and well-resourced. Actions have been taken to alleviate the economic 
distress in the sector although some improvements are needed to better support small players 
operating  at  local or  regional level.  Access  to  information  is  ensured although stakeholders 
stressed  the  need  to  improve  its  implementation.  A  legal  framework  for  the  protection  of 
journalists is in place, while journalists continue to face different forms of intimidation, such 
as attacks, threats and harassment, including online. In particular, the increase in the number 
of strategic lawsuits against public participation targeting journalists is viewed with concern 
by several stakeholders. A reform of the regime on defamation, the protection of professional 
secrecy and journalistic sources has been initiated.  

Two  new  draft  legislation  were  tabled,  one  of  which  assigns  the  role  of  a  National  Human 
Rights Institution to the Data Protection Authority, while the other proposes to create a separate 
entity  through  a  constitutional  change.  Public  consultations  in  the  legislative  process  allow 
online  participation  with  concerns  having  been  raised  by  stakeholders  regarding  their 
effectiveness and systematic use. Several new decrees that could further narrow the civic space 
have been introduced. Amendments to the rules of tax and financial concessions for CSOs have 
been adopted, which introduced several measures simplifying the tax regime applied to CSOs. 

1 

 
 
RECOMMENDATIONS 

Overall, concerning the recommendations in the 2022 Rule of Law Report, Italy has made: 

  Significant progress on continuing the efforts to further improve the level of digitalisation 

of the justice system, particularly for criminal courts and prosecutors’ offices.  

  Significant progress on enhancing digitalisation and interconnection of registries thereby 

improving the police and prosecution operations against high-level corruption. 

  Some progress on adopting comprehensive conflict of interest rules and some progress on 
adopting  lobbying  regulation  to  establish  an  operational  lobbying  register,  including  a 
legislative footprint. 

  Some  progress  on  effectively  addressing  the  practice  of  channelling  donations  through 
political foundations and associations and introducing single electronic register for party 
and campaign finance information. 

  Some  progress  on  introducing  legislative  and  other  safeguards  to  reform  the  regime  on 
defamation,  the  protection  of  professional  secrecy  and  journalistic  sources,  taking  into 
account the European standards on the protection of journalists. 

  Some progress on establishing a National Human Rights Institution taking into account the 

UN Paris Principles. 

On this basis, and considering other developments that took place in the period of reference, 
and in addition to recalling the commitments made under the national Recovery and Resilience 
Plan relating to certain aspects of the justice system and the anti-corruption framework, it is 
recommended to Italy to:  

  Continue  efforts  to  further  improve  the  level  of  digitalisation  for  criminal  courts  and 

prosecutors’ offices. 

  Adopt  comprehensive  conflicts  of  interest  rules  and  lobbying  regulation  to  establish  an 

operational lobbying register, including a legislative footprint. 

  Effectively  and  swiftly  address  the  practice  of  channelling  donations  through  political 
foundations  and  associations  and  introduce  a  single  electronic  register  for  party  and 
campaign finance information. 

  Continue  the  legislative  process  to  reform  and  introduce  safeguards  for  the  regime  on 
defamation,  the  protection  of  professional  secrecy  and  journalistic  sources,  taking  into 
account the European standards on the protection of journalists. 

  Continue efforts to establish a National Human Rights Institution taking into account the 

UN Paris Principles. 

2 

 
 
 
I. 

JUSTICE SYSTEM  

The  structure  of  the  justice  system  is  set  out  in  the  Constitution,  which  enshrines  its 
independence and autonomy. Ordinary courts have jurisdiction in civil and criminal matters 
and are organised in three instances. The first instance is composed of justices of the peace, 
ordinary courts, and juvenile courts. The second and third instances are made up of the courts 
of appeal and the High Court of Cassation, respectively. Administrative justice is organised in 
first and second instance courts. Jurisdiction in accounting matters is exercised by the Court of 
Auditors (with Regional and Central Chambers). Regarding fiscal matters and tax matters, the 
responsible courts are respectively the newly established tax courts at first and second instance, 
and for both of them, the High Court of Cassation at the highest level.  The structure of the 
prosecution  service  mirrors  that  of  the  courts.  Italy  participates  in  the  European  Public 
Prosecutor’s  Office  (EPPO).  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  Judiciary1.  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. The Constitutional Court decides in 
exclusivity on disputes regarding the constitutionality of laws. 

Independence  

While the level of perceived judicial independence in Italy slightly increased in the last 
years,  continues  to  be  low  among  the  general  public  and  is  now  equally  low  among 
companies. Overall, 39% of the general population and 39% of companies perceive the level 
of  independence  of  courts  and  judges  to  be  ‘fairly  or  very  good’  in  20232.  The  perceived 
judicial independence among the general public has consistently increased in the last  years. 
This figure has increased in comparison with 2022 (37%), as well as in comparison with 2016 
(25%).  The  perceived  judicial  independence  among  companies  has  decreased  slightly  in 
comparison with 2022 (40%), but it is higher than in 2016 (24%). 

The effect of the reform on the High Council for the Judiciary (CSM) is being evaluated, 
while concerns remain on the parts depending on implementing legislation, which is still 
to be adopted. As mentioned in the 2022 Rule of Law Report3, the reform of the CSM, which 
was adopted on 16 June 2022, contains  directly  applicable provisions4 and others  requiring 

1   Consiglio Superiore della Magistratura (CSM) in Italian. 
2   Figures 49 and 51, 2023 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%). 

3   See 2022 Rule of Law Reports, Country Chapter on the rule of law situation in Italy, pp. 3-6. On 16 June 2022, 
the Parliament approved a new law to reform the justice system, which includes, among others, provisions 
regarding the establishment and functioning of the High Council for the Judiciary. 

4   Input from Italy for the 2022 Rule of Law Report, p. 5. The provisions with direct applicability include: the 
reform  of  the  electoral  system  of  the  CSM,  which  is  supposed  to  make  it  more  independent  from  the 
magistrates’  associations;  the  reform  of  the  functioning  of  the  CSM,  which  is  supposed  to  make  it  more 
efficient (incl.  increasing the  number of its  members); the  reform on the selection of the heads of judicial 
offices,  which  is  supposed  to  introduce  provisions  of  seniority  increments  for  the  selection  procedure  and 
provide a clear benchmark based on experience; the reform on the stricter rules on “revolving doors” for the 
judiciary. 

3 

 
                                                           
implementing legislation5 by the Government. The directly applicable provisions have already 
been put in use with the first election of the CSM under the new rules, which took place on 18-
19 September 2022 for members elected by their peers and on 17-19 January 2023 for members 
elected by the Parliament6. More time will be needed to determine the full extent of their effect 
on the work of the CSM 7. As regards the provisions requiring implementing legislation, the 
deadline  for  their  adoption,  initially  indicated  as  being  June  20238  has  been  extended  until 
December  20239.  Consequently,  concerns  raised  last  year  by  stakeholders  and  by  the  CSM 
itself  10  as  regards  the  combined  effect  that  the  new  provisions11  might  have  regarding  the 
influence on judges’ independence remain. The implementing legislation is expected to address 
these concerns by providing more detailed provisions on how judicial independence is ensured. 
According to European standards, the search for enhanced efficiency should not compromise 
judicial independence12. 

The  newly  established  tax  courts  started  functioning,  with  some  challenges  regarding 
their  full  independence  from  the  Ministry  of  Economy  and  Finance.  The  commitments 
under the Recovery and  Resilience Plan (RRP) to adopt  a comprehensive reform  of the tax 
courts resulted in the adoption of a law on 31 August 202213, which establishes new first and 
second  instance  tax  courts,  and  introduced  an  autonomous  and  professional  role  of  tax 
magistrates.  According  to  the  adopted  law14,  and  similarly  to  the  procedure  for  ordinary 
magistrates,  the  tax  judges  will  be  appointed  by  a  decree  of  the  Ministry  of  Economy  and 

5   Input from Italy for the 2022 Rule of Law Report, pp. 5-6. The provisions requiring implementing legislation 
include: the reform on the selection of the heads of judicial offices and chambers; the reform on the selection 
of the members of the Court of Cassation and of the General Prosecutor's Office at the Court of Cassation; the 
reform on the modernisation and adoption of measures to improve the efficiency of the justice system; the 
adoption of measures to make the organisation of judicial offices more effective; the adoption of measures in 
the  disciplinary  sector,  including  for  the  introduction  of  the  institution  of  rehabilitation  of  a  sanctioned 
magistrate. 

6   See Press release on CSM website  – CSM elections 18-19 September 2022, with updates until 19 January 

2023. 

7   Information received from the ANM and CSM in the context of the country visit to Italy.  
8   See 2022 Rule of Law Reports, Country Chapter on the rule of law situation in Italy, p. 4. 
9   This was approved by Law 21 April 2023, n. 41. Moreover, the Ministry of Justice has set up a committee of 
experts (consisting of magistrates, law professors, lawyers) with the task to conduct a comprehensive study of 
the subject matter. 

10   See 2022 Rule of Law Reports, Country Chapter on the rule of law situation in Italy, pp. 4-5. 
11   The  new  legislation  regulates  the  organisational  powers  of  court  presidents:  it  introduces  a  professional 
evaluation  of  magistrates,  which,  among  other  things,  will  take  into  account  the  achievement  of  expected 
results set by presidents of courts and the possibility to initiate disciplinary action for non-compliance with 
instructions from presidents of courts as to the expected results; it envisages the reduction of the number of 
middle managerial positions and regulates powers for the First President of the High Court of Cassation; the 
professional evaluation for high-level positions will take into account the outcome of the ruling in subsequent 
instances, which may be seen as implicitly calling for a uniform ruling on certain topics. See 2022 Rule of 
Law Reports, Country Chapter on the rule of law situation in Italy, pp. 4-5. 

12   Recommendation CM/Rec(2010)12 of Committee of Ministers of Council of Europe, para. 22. The principle 
of  judicial  independence  means  the  independence  of  each  individual  judge  in  the  exercise  of  adjudicating 
functions. In their decision-making judges should be independent and impartial and able to act without any 
restriction, improper influence, pressure, threat or interference, direct or indirect, from any authority, including 
authorities  internal  to  the  judiciary.  Hierarchical  judicial  organisation  should  not  undermine  individual 
independence. See also CM/Rec(2010)12 of Committee of Ministers of Council of Europe, para 37. 

13   Law no. 130 of 31 August 2022, which amends Legislative Decree 545/1992. 
14   See Art. 9(1) of Legislative Decree 545/1992 as amended by Law no. 130 of 31 August 2022. 

4 

 
                                                           
Finance  (MEF)  on  a  proposal15  by  the  Council  for  Tax  Justice  (CPGT)16  following  a 
competition organised by the Board for the Public Competition for Tax Judges17. The appraisal 
of the judges, including career progression, will be an exclusive competence of the CPGT18. 
As  regards  disciplinary  proceedings  against  tax  judges,  they  can  be  initiated  by  the  Prime 
Minister or by the President of the Tax Court of Second Instance in the region where the judge 
is  appointed19,  and  then  the  case  is  transferred  to  the  disciplinary  office  of  the  CPGT.  The 
administrative staff that work for the CPGT remain civil servants of the MEF, but the latter 
does  not  have  a  decision-making  power  over  the  organisation  and  management  of  the  staff 
assigned  to  the  CPGT20.  Despite  these  safeguards  for  the  functional  and  organisational 
independence of the new tax courts that are in place, some stakeholders have raised concerns 
due to the fact that the MEF, through one of its agencies21, could be a party in the cases before 
the new courts22. 

Several  draft  laws  regarding  the  separation  of  careers  of  judges  and  prosecutors  and 
reforming  the  Prosecution  Service  are  under  discussion.  On  2  February  2023,  the 
Commission on Constitutional Affairs in the Parliament discussed several draft laws prepared 
by members of parliament, which aim to separate the careers of judges and prosecutors23. The 
draft laws also envisage the introduction of distinct self-government bodies and the removal of 
a provision in the Constitution, which establishes that magistrates are distinguished only by 

15   The MEF would not have the power to overturn the proposal by the CPGT. 
16   Consiglio di presidenza della giustizia tributaria (CPGT). It is composed of 15 members. Out of them, 11 are 
tax judges elected by peer judges, out of these 11, four spots are reserved for each one each judiciary. There 
are also four members elected by the Parliament. Art. 17(2) of Legislative Decree 545/1992 as amended by 
Law  no.  130  of  31  August  2022  provides  for  a  composition  of  the  CPGT,  which  takes  into  account  the 
transition from honorary tax judges to full-time tax judges and the transition from other judiciaries to the newly 
created tax judiciary.  

17   See  Art.  4-quater  of  Legislative  Decree  545/1992  as  amended  by  Law  no.  130  of  31  August  2022.  The 
Selection board is appointed by a decree of the Ministry of Economy and Finance with prior deliberation of 
the  Council  for  Tax  Justice.  The  Selection  Board  is  composed  of:  the  chairman  of  a  tax  Court  of  second 
instance, by five judges selected from ordinary, administrative, accounting and military judiciary with 15 years 
of experience and four tenured university professors, one who is teaching tax law, the others teaching subjects 
that are covered by the selection exams. Moreover, 2023 an interpello procedure has been organised to allow 
magistrates from other jurisdictions to pass to the tax courts (out of 100 posts, 34 judges applied according to 
the temporary ranking published in CPGT website). 

18   Art. 11 of Legislative Decree 545/1992 as amended by Law no. 130 of 31 August 2022. 
19   Art. 16 of Legislative Decree 545/1992 as amended by Law no. 130 of 31 August 2022. 
20   The CPGT has organisational and accounting autonomy.  
21   According to the Government, the MEF is never directly a party in the tax cases, and the relationships between 
the MEF and the tax agencies are governed by special agreements on services, objectives and resources. 
22   Information received  from  ANM in the context of the  country  visit to Italy. Written contribution from the 
CSM in the context of the country visit, pp. 10.  In the  case  law of the Court of Justice of the EU and the 
European Court of Human Rights, the appearance of independence plays an important role, as the situation 
cannot  give  rise  to  reasonable  doubts,  in  the  minds  of  individuals,  as  to  the  imperviousness  of  the  judges 
concerned to external factors and as to their neutrality with respect to the interests before them, once appointed 
as judges. See Judgment of the Court of Justice of 19 November 2019, A.K. v Krajowa Rada Sądownictwa, 
Joined  Cases  C‑585/18,  C‑624/18  and  C‑625/18,  ECLI:EU:C:2019:982,  paras.  127-129.  See  also  list  of 
judgments in Independence and Impartiality of The Judicial System, Thematic factsheet, p. 3.  

23   See Meeting of the Permanent Commission for Constitutional Affairs in the Parliament of 2 February 2023. 
See also press conference on 14 February 2023, where several parties illustrated the main points of the draft 
laws and informed that take up the text of the constitutional reform on which in 2017 the Union of Italian 
criminal chambers discussed.  

5 

 
                                                           
their  different  functions24.  Stakeholders  have  raised  concerns  that  a  rigid  separation  of  the 
careers  could25,  lead  to  a  prosecutor  becoming  increasingly  distant  from  the  culture  of 
jurisdiction, possibly making them more prone to potential political influences26. On 11 June 
2023, the Minister of Justice informed the Assembly of the ANM any intervention from the 
Government  to  reform  the  justice  system  would  be  inspired  by  the  constitutional  values  of 
independence and autonomy of all magistrates, judges and prosecutors. While there is no single 
model in the EU for the institutional set-up of the prosecution service, institutional safeguards 
are  required  to  ensure  that  prosecutors  are  able  to  fulfil  their  professional  duties  and 
responsibilities under adequate legal and organisational conditions and without interference27. 
According to European standards, sufficient autonomy must be ensured to shield prosecutorial 
authorities from undue political influence28. 

Concerns have been raised as disciplinary proceedings were initiated against a panel of 
judges  of  the  Court  of  Appeal  of  Milan  based  on  the  content  of  their  decision.  The 
disciplinary proceedings were initiated on 19 April 2023 by the Minister of Justice considering 
that the judges did not take into account certain circumstances which, if properly considered, 
would have led to a different decision29. These proceedings are now being examined by the 
Prosecutor  General  at  the  Supreme  Court  of  Cassation  who  will  have  to  decide  whether  to 
charge the judges with a disciplinary offence or dismiss the case. It is recalled that according 
to the case-law of the Court of Justice, the requirement of independence and impartiality entails 
that  a  disciplinary  regime  against  magistrates  should  include  rules  defining  the  forms  of 
conduct  which  constitute  a  disciplinary  offence30.  Furthermore,  according  to  the  national 
legislation, ‘the activity of interpreting provisions of law and assessing facts and evidence shall 
not give rise to disciplinary liability’31.  

Quality  

The increasing recruitment of magistrates and non-judicial staff has continued, and the 
provisions on the competitions for magistrates have been changed to increase the number 
of  candidates.  The  trend  of  increasing  recruitment  of  judicial  and  administrative  staff  has 

24   Art. 107(3) of the Constitution. See also a referendum held in 2022, which did not concern Art 107(3) of the 
Constitution  but  touched,  among  others,  upon  on  the  topic  of  the  separation  of  careers  of  judges  and 
prosecutors. The referendum which managed a turnout of only 21% of those entitled to vote. The referendum 
was addressed to abrogate the current rules. However, the result proved that citizens did not want to change 
the rule, which is in line with stakeholders’ opinion. The referendum took place on 12 June 2022. It contained 
five  questions,  one  of  which  was  regarding  the  separation  of  the  career  of  judges  and  prosecutors.  For  a 
referendum to be successful, it should have a turnout of at least 50%+1. 

25   See press releases from the ANM on 6 and 15 February 2023. Information also received from CSM and ANM 
in the context of the country visit to Italy. However, one association of lawyers (Giunta Dell’unione Delle 
Camere Penali Italiane) considers that such reform could be beneficial.   

26   See previous footnote. 
27   See 2022 Rule of Law Report, The rule of law situation in the European Union, p. 7. 
28   See Venice Commission’s Rule of Law Checklist, pp. 39-41. 
29   See position of ANM of 19 April 2023 on the disciplinary proceedings against the panel of judges from the 
Milan Court of Appeal; see also the position of the Association of Magistrates in Milan of 19 April 2023 on 
the same topic; see also the position of the Association of Lawyers in Milan of 19 April 2023 on the same 
topic.  

30   Judgment  of 

the  Court  of  Justice  of  15  July  2021,  Commission  v  Poland,  Case  C‑791/19, 

ECLI:EU:C:2021:596, paras. 134-140. 

31   Art. 2(2) of Legislative Decree No 109/2006, which is without prejudice to the applicability of the provisions 

of paragraph l, subparagraphs g), h), l), m), n), o), p), cc) and ff). 

6 

 
                                                           
continued over the past year. As regards judicial staff, 20 units (i.e. additional positions for 
magistrates) have been provided by further expanding the staff of the judiciary32. Furthermore, 
the state budget for 2022 provided for an increase of 82 units for the judiciary33. As regards 
other  needs  linked  to  the  sectors  of  international  protection  and  judicial  offices  supervising 
execution of criminal sanctions, two Ministerial Decrees34 in 2022 provided for the allocation 
to supervising offices of 21 out of 82 posts added to the staff establishment plan of the judiciary 
and  for  a  52-unit  increase  in  the  number  of  magistrates  to  be  assigned  to  the  specialised 
Chambers on immigration, international protection, and free movement of EU citizens35. On 
15 June 2023, the Council of Ministers adopted a draft law, which provides for an additional 
increase in the staff establishment plan of the judiciary by 250 units. As regards administrative 
staff,  the  staff  selected  by  the  relevant  competitions  took  up  their  duties at  the  judicial  and 
central  administration  offices  in  2022  36.  As  regards  the  Office  of  the  Trial  and  the 
implementation of the commitments under the RRP, as of 30 October 2022, the Office have 
recruited  7  743  non-managerial  personnel,  and  3  209  more  contracts  were  signed  by  21 
November  202237.  Finally,  the  rules  for  competitions  have  been  changed  as  to  allow  for 
university graduates to apply directly to the competitions for magistrates without requiring the 
additional working experience, which was the case in the previous years38.  

Significant  progress  was  made  regarding  the  digitalisation  of  the  justice  system,  in 
particular in the field of civil justice. The 2022 Rule of Law Report recommended to Italy to 
“continue  the  efforts  to  further  improve  the  level  of  digitalisation  of  the  justice  system, 
particularly for criminal courts and prosecutors’ offices”39. Further progress has been noted in 
the digitalisation of civil justice, which was already advanced40 in 2022. Since January 2023, 
the  use  of  electronic  management  of  all  documents  has  become  compulsory41.  It  is  now 
mandatory to file applications to the Court on a digital platform, thus enabling the processing 
of applications digitally and the digital access to the case files of all judges in the Court42. A 

32   Input from Italy for the 2023 Rule of Law  Report, p. 14. The 600-unit increase previously provided for by 
Law no. 145 of 30 December 2018 was followed by Decree-Law no. 118 of 24 August 2021, converted with 
amendments  by  Law  No.  147  of  21  October  2021,  which  provided  for  a  further  expansion  of  the  staff 
establishment plan of the judiciary by 20 units, aimed at ensuring the availability of the resources necessary 
for the implementation of domestic legislation on enhanced cooperation in the field of the European Public 
Prosecutor’s Office. 

33   Ibid. Lastly, with a view to increasing the effectiveness of the justice system, Article 1, paragraph 614, of Law 
no. 234, of 30 December 2021, (on the 'State budget for the financial year 2022 and the multi-year budget for 
the three-year period 2022-2024'), provided for an increase of 82 units in the judiciary staff establishment plan, 
aimed at adapting the staff establishment plan to the increasingly burdensome activities related to international 
protection, to the supervision for the enforcement of criminal sanctions as well as to the competences related 
to the European Delegated Prosecutors at the Court of Cassation. 

34   Ministerial Decree of 23 November 2022 and Ministerial Decree of 22 December 2022. 
35   Input from Italy for the 2023 Rule of Law Report, p. 15. 
36   Ibid. With amendments to Law no. 113 of 6 August 2021, which had provided for 16500 clerks for the Office 
of  the  Trial,  an  additional  quota  of  fixed-term  administrative  staff  was  introduced.  This  additional  quota 
comprises of 5410 with a 3-year contract. This was done to ensure the full operation of the Office of the Trial 
and support the project lines included in the  RRP.  The clerks of the Office  of the Trial started  working in 
February, whereas the other types of staff in October and November 2022. 

37   Input from Italy for the 2023 Rule of Law Report, p. 15-16. 
38   Information received from the Ministry of Justice. 
39   See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Italy, p. 2. 
40   See 2022, Rule of Law Report, Country Chapter on the rule of law situation in Italy, p. 8. 
41   Input from Italy for the 2023 Rule of Law Report, p. 19. Also, information received from the High Court of 

Cassation in the context of the country visit to Italy. 

42   Written contribution from the High Court of Cassation in the context of the country visit, p. 4. 

7 

 
                                                           
fully  digitalised  trial  is  yet  to  be  established.  Under  the  RRP,  a  reform  to  enable  the 
digitalisation of the justice system is envisaged in the course of 2023 and that RRP targets will 
monitor  its  impact  in  terms  of  results  until  2026.  As  regards  the  digitalisation  of  criminal 
justice, the realisation of some of the objectives of RRP planned for the end of 2023 are brought 
forward to 30 June 2023; in particular, the availability of documents on the Portal for the e-
filing of the criminal case documents43. The e-portal allows the electronic transmission to the 
Judicial Offices of acts, documents and applications by authorised external parties44. Currently, 
10 types of documents are available on the portal45. Furthermore, the communication between 
the  High  Court  of  Cassation  and  the  Prosecution  Service  has  been  digitalised,  and  the 
procedural rules46 that would allow for the use of electronic tools47 have been clarified. Some 
efforts are still needed in the use of digital technology by the Prosecution service48 and in the 
availability of electronic communication tools and digital  tools to  conduct  and follow court 
proceedings in criminal cases49. Stakeholders reported that despite the significant progress and 
the existence of digital services for civil justice, and procedural rules for criminal justice, the 
overall digitalisation needs to be supported by further investments in materials and training to 
become fully operational50. Considering these developments, significant progress was achieved 
in fulfilling the recommendation from the 2022 Rule of Law Report.  

Efficiency 

The length of proceedings, while improving, still remains a serious challenge. Following 
the temporary slowdown of judicial activity in 2020 and the return to pre-pandemic levels in 
202151, the efficiency continued improving both for civil52 and criminal53 proceedings in 2022. 
The disposition time for first  instance civil  and commercial litigious  cases  fell by 100 days 
from 2020 to 202154, and further improvements could be observed in 2022, according to the 
data  presented  by  the  authorities.  Nevertheless,  this  disposition  time  remains  among  the 
lengthiest in the EU, as in 2021, it still takes on average more than 550 days to resolve such 
cases. Some positive developments were reported by the High Court of Cassation, where the 

43   Written contribution from the Ministry of Justice in the context of the country visit, p. 2.  
44   Primarily defence counsels. Ibid. 
45   The  Ministry  of  Justice  informed  that  by  30  June  2023  additional  types  of  documents  are  expected  to  be 
distributed relating to fact-finding proceedings (processo di cognizione) up to the second instance. Ibid. 
46   Figure  42, 2023  EU Justice  Scoreboard  –  it  is  now  procedurally  possible  to  hear  experts  and  witnesses  in 

criminal cases through distance communication technology. 

47   This clarification was done through Legislative Decree no. 150 of 2022. See also input from Italy for the 2023 

Rule of Law Report, p. 20. 

48   Figure 43, 2023 EU Justice Scoreboard. 
49   Figure 45 and 47, 2023 EU Justice Scoreboard. 
50   Information received from ANM in the context of the country visit to Italy.  
51   See 2022, Rule of Law Report, Country Chapter on the rule of law situation in Italy, pp. 10-11. 
52   High Court of Cassation, Report on the Administration of Justice in 2022, p. 90. ‘For the civil sector, it can be 
noted that in January 2020 the number of pending appeals was 120.473, which by the end of 2022 was reduced 
to 104.872. A significant decrease, which is also reinforced by the significant reduction in the disposition time, 
which has fallen to 1.063 days and already not far from the 976-day target expected in June 2026’. See also 
Figure 5 and 6, 2023 EU Justice Scoreboard. 

53   High Court of Cassation, Report on the Administration of Justice in 2022, p. 90. ‘In the criminal sector, the 
most significant figure, which summarises the results of the whole reorganisation process, is the evolution of 
the disposition time, which has gradually declined over the year to reach the 132 days threshold, well below 
the 166 days target set in June 2026’. See also Figure 5, 2023 EU Justice Scoreboard. 

54   Figure 6, 2023 EU Justice Scoreboard. 

8 

 
                                                           
clearance  rate  of  criminal  proceedings  is  currently  113%55.  Tax  cases  make  up  50%  of  the 
pending cases before the High Court of Cassation and a new incentive is envisaged to accelerate 
their  closure.  With  this  new  scheme,  the  parties  to  the  case  would  be  allowed  to  pay  in 
instalments  the  sum  that  they  owe  in  taxes,  with  the  first  instalment  being  a  substantial 
percentage of the whole sum. In case they would not pay the subsequent instalments, a new 
case could be brought before the first instance tax court, where they would be asked to pay the 
entire sum, including the instalments previously paid, in order to close the pending case at the 
level of the High Court of Cassation56. This scheme, combined with the new structure of tax 
courts, could allow for a more efficient dealing with tax cases and lowering the backlog at the 
last  instance.  Italy  remains  under  the  enhanced  supervision  of  the  Council  of  Europe’s 
Committee of Ministers as regards length of proceedings in administrative and criminal cases57. 

The implementing legislation for the civil and criminal justice reforms has been adopted. 
As mentioned in the 2022 Rule of Law Report, two comprehensive and long-awaited reforms 
regarding  civil58  and criminal59 justice have been adopted60. Both  reforms  included directly 
applicable provisions61 but also empowered the Government to adopt implementing legislation. 
On  10  October  2022,  two  Legislative  Decrees62  were  adopted  to  implement  the  civil  and 
criminal justice reforms. As regards civil justice, the decree aims at improving the efficiency 
of the procedure and revises the alternative dispute resolution tools and urgent measures for 
the rationalisation of certain procedures63. As regards criminal justice, the decree also aims at 
improving the efficiency of proceedings and covers matters of restorative justice and provisions 
for the swift finalisation of judicial proceedings64. The criminal justice reform was referred to 
in a decision of the Committee of Ministers of the Council of Europe on the execution of a 
judgement on the absence of remedies for the offended person in  cases of excessively long 

55   Information received from the High Court of Cassation in the context of the country visit to Italy. 
56   Information received from the High Court of Cassation in the context of the country visit to Italy. Art. 5(2) of 
Law No. 130/2022 introduced temporary settlement arrangements (actionable up to 120 days after the entry 
into force of Law No. 130/2022) for pending tax proceedings at Cassation Court where the Tax Agency had 
been fully or partially succumbing, depending on litigation value, in previous instances. 

57   Judgment of the European Court of Human Rights of 2 September 1997,  Abenavoli v. Italy, 24487/94 and 
Judgment of the European Court of Human Rights of 12 May 1999, Ledonne v Italy, 35742/97. Regarding the 
case Abenavoli v. Italy – concerning the length of proceedings before administrative courts – the latest decision 
of the Committee of Ministers adopted in September 2021 acknowledges the progress made by the authorities 
while highlighting remaining concerns and asks the authorities provide further information. 

58   Law 26 November 2021, no. 206. 
59   Law of 27 September 2021, no. 134. 
60   See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Italy, pp. 11-13. 
61   For example, in the civil justice reform, these were on family law, forced execution and citizenship rights; and 
in the criminal justice reform, these were related to the swift definition of criminal cases. Law No. 134 of 27 
September 2021, Art. 1 (paras. 9 and 10) introduces incentives to extend the use of plea bargains, immediate 
proceeding and abbreviated proceedings. 

62   On the civil justice reform - Legislative Decree 10 October 2022, no.149, published in the Official Journal of 
17 October 2022, no.243 (Ordinary Series); on the criminal justice reform - Legislative Decree of 10 October 
2022, no.150, published in the Official Journal of 17 October 2022, no.243 (Ordinary Series). 

63   Input from Italy for the 2023 Rule of Law Report, p. 22. - Law 29 December 2022, No. 197 "State budget for 
the financial year 2023 and multi-annual budget for the three-year period 2023-2025", provided that. Law no. 
149/2022 shall apply to proceedings instituted after 28 February 2023. The revisions would apply also to the 
rationalisation of urgent procedures related to family law, citizenship rights and matters of forced execution. 
64   Input from Italy for the 2023 Rule of Law Report, p. 22. - The reform came into force on 30 December 2022, 
pursuant to Article 6 of Decree-Law No 162 of 31 October 2022. For example, Art. 1 of the Decree provides 
for additional measures replacing short prison sentences (e.g. home detention, financial penalty, public service 
work etc.).  

9 

 
                                                           
preliminary investigations65. The Committee of Ministers took note of the reform in a positive 
way and requested more information on the results of its implementation66. They also noted 
that  the  reform  appears  to  respond  to  the  shortcomings  found  by  the  Court  although  its 
effectiveness  is  still  to  be  seen67.  The  entry  into  force  of  secondary  sources  of  legislation 
necessary for the effective application of the civil and criminal reforms is expected in the course 
2023 under the RRP.  

II. 

ANTI-CORRUPTION FRAMEWORK  

The  National  Anti-Corruption  Authority  is  the  main  entity  in  charge  of  the  prevention  of 
corruption within the public administration sector, coordinating the National Anti-Corruption 
Plan and supervising the adoption of the local three-year anti-corruption action plans. The Anti-
Corruption Unit of the Guardia di Finanza is responsible for the investigation and prevention 
of corruption as a specialised law enforcement body. As an independent authority at the Bank 
of Italy, the Financial Intelligence Unit provides support to the competent prosecutor’s office 
and cooperates with the Guardia di Finanza as the competent authority for receiving reports 
of  suspicious  financial  transactions.  To  prevent  and  fight  corruption  in  the  allocation  and 
implementation  process  of  resources  received  under  the  Recovery  and  Resilience  Plan, 
consultative and control tasks have also been assigned to the Court of Auditors68. 

The perception among experts and business executives is that the level of corruption in 
the  public  sector  remains  relatively  high.  In  the  2022  Corruption  Perceptions  Index  by 
Transparency International, Italy scores 56/100 and ranks 16th in the European Union and 41st 
globally69.  This  perception  has  improved  over  the  past  five  years70.  The  2023  Special 
Eurobarometer on Corruption shows that 85% of respondents consider corruption widespread 
in  their  country  (EU  average  70%)  and  33%  of  respondents  feel  personally  affected  by 
corruption in their daily lives (EU average 24%)71. As regards businesses, 92% of companies 
consider that corruption is widespread (EU average 65%) and 38% consider that that corruption 
is a problem when doing business (EU average 35%)72. Furthermore, 41% of respondents find 
that  there  are  enough  successful  prosecutions  to  deter  people  from  corrupt  practices  (EU 

65   Committee  of  Ministers  Decision  CM/Del/Dec(2022)1451/H46-18  of  6-8  December  2022  and  Notes 

CM/Notes/1451/H46-18 6-8 December 2022. 

66   Committee of Ministers Decision CM/Del/Dec(2022)1451/H46-18 of 6-8 December 2022, paras. 4-6. 
67   Committee of Ministers Notes CM/Notes/1451/H46-18 6-8 December 2022, General measures. 
68   Article 46 of Law No. 238 of 23 December 2021.  
69    Transparency International (2023), Corruption Perceptions Index 2022. 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). 

70   In 2018, the score was 52, while, in 2022, the score is 56. 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. 

71   Special Eurobarometer 534 on Corruption (2023). The Eurobarometer data on citizens’ corruption perception 

and experience is updated every year. The previous data set is the Special Eurobarometer 523 (2022). 

72   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). The Eurobarometer 
data  on  business  attitudes  towards  corruption  is  updated  every  year.  The  previous  data  set  is  the  Flash 
Eurobarometer 507 (2022). 

10 

 
                                                           
average 32%)73, while 31% of companies believe that people and businesses caught for bribing 
a senior official are appropriately punished (EU average 30%)74.  

A  new  National  Anti-Corruption  Plan  for  the  years  2023-2025  was  approved.  Italy’s 
National  Anti-Corruption  Authority  (ANAC)  approved  a  new  three-year  National  Anti-
Corruption Plan on 16 November 2022 and adopted a corresponding resolution on 17 January 
202375. The new plan, based on the main corruption prevention law76, is Italy’s overarching 
corruption prevention strategy77. ANAC supports the public administration in designing and 
implementing  entity-specific  three-year  action  plans78.  Its  human  resources  are  expectd  to 
increase by 28 posts to help it deal with its increased tasks under the national recovery plan, in 
particular the digitalisation of public procurement procedures79. The Plan is divided into two 
parts.  One  part  is  the  strengthening  of  public  sector  integrity  and  transparency  through  the 
setting up of Integrated Activity Plans and effective safeguards to prevent corruption in public 
administrations80.  It  also  recommends  that  administrations  take  appropriate  measures  to 
mitigate the phenomenon of ‘revolving doors’81.  In view of the allocation and use of funds 
under  the  Recovery  and  Resilience  Plan,  the  other  part  focuses  on  public  procurement,  for 
instance  by  assisting  contracting  authorities  to  identify  and  set  up  corruption-prevention 
measures to avoid maladministration and to regulate conflicts of interest82. The Plan recognises 
the  nexus  between  anti-corruption  and  anti-money  laundering  measures  concerningthe 
obligation  for  public  bodies  to  identify  the  beneficial  owners  of  companies  participating  in 
public tenders, by using the official Ultimate Beneficial Ownership Register83, and to provide 

73   Special Eurobarometer 534 on Corruption (2023).  
74   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). 
75   Input from Italy for the 2023 Rule of Law Report, p. 26 and written contribution from ANAC in the context 

of the country visit to Italy.  

76   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. 

77   The Plan sets out the main policy objectives for a period of three years, to be updated every year, although 
municipalities and institutions with fewer than 50 employees are exempt from this requirement and need only 
update their policy every three years thus reducing their administrative burden. 

78   Each ministry, local government and municipality design and implement their own local plans. These aim at 
i.a., establishing rules for the appointment of a corruption prevention officer, specifying the public entities’ 
role  in  evaluating  and  managing  corruption  risks,  enhancing  transparency,  supporting  whistleblowers,  and 
monitoring privatization 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. See  2022 Rule of  Law  Report,  Country 
Chapter on the rule of law situation in Italy, p. 14, footnote 125. 

79   Information and written contribution received from ANAC in the context of the country visit to Italy. Libera 
had expressed concerns about ANAC’s capacity to deal with their new competences according to information 
received in the context of the country visit to Italy.  

80   This ties in with Italy’s 2021 ‘Integrated Plan of Organisation and Activities’, part of the Public Administrative 
Reform,  that  integrates  and  simplifies  many  of  the  public  sectors’  planning  acts  and  programming  tools, 
including the three-year plan for the prevention of corruption and enhancing transparency. Input from Italy for 
the 2023 Rule of Law  Report, p. 24 and information and written contribution received from ANAC in the 
context of the country visit to Italy. See ANAC, ‘Here is the National Anti-Corruption Plan approved by Anac’, 
6 December 2022. 

81   ANAC had carried out an in-depth study on the prohibition of so-called ‘pantouflage’ or ‘revolving doors’ to 
avoid possible conflicts of interest in public administration and will adopt guidelines. Input from Italy for the 
2023 Rule of Law Report, p. 27 and ANAC’s written contribution in the context of the country visit to Italy. 
See also ANAC, ‘Here is the National Anti-Corruption Plan approved by Anac’, 6 December 2022. 

82   Input from Italy for the 2023 Rule of Law Report, pp. 26-27 and information and written contribution received 
from ANAC in the context of the country visit to Italy. See also ANAC, ‘Here is the National Anti-Corruption 
Plan approved by Anac’, 6 December 2022. 

83   This register (referred to below on p.16) is set up under the anti-money laundering rules.  

11 

 
                                                           
a  declaration  of  absence  of  conflict  of  interest84. ANAC  manages  the  National  Database  of 
Public Contracts which will be able to collect and keep up-to-date the information on beneficial 
owners for economic operators to ensure transparency once the Ultimate Beneficial Ownership 
Register is up and running and the two systems are inter-connected85.  

A  draft  law  was  tabled  aiming  at  abrogating  the  offence  of  abuse  of public  office  and 
limiting the scope of the offence of trading in influence. On 15 June 2023, the Council of 
Ministers presented a draft law providing for some amendments to the provisions regulating 
the  offences  against  public  administration.  In  particular,  the  draft  law  provides  for  the 
abrogation of the offence of abuse of public office and  limiting the scope of the offence of 
trading  in  influence86.  These  proposed  changes  would  decriminalise  important  forms  of 
corruption87  and  could  impact  the  effective  detection  of  and  fight  against  corruption88.  The 
draft  law  further  proposes  changes  to  several  other  provisions  of  the  Code  of  Criminal 
Procedure on pre-trial incarceration, the possibility of appealing acquittals as well as on special 
investigative techniques. Judicial authorities are closely following developments on this reform 
and the potential impact on the investigation, prosecution and adjudication of certain corrupt 
practices  such  as  trading  in  influence  or  abuse  of  office89.  Civil  society  has  voiced  some 
concerns about these changes and their possible impact to effectively fight corruption90.  

The impact of the criminal justice reform on corruption cases closed after the lapse of 
two years at appeal level is being monitored. The reduction of excessive disposition times91 

84   Input from Italy for the 2023 Rule of Law  Report,  p. 28, which also refers to the  guidelines issued by the 
Ministry of Economy and Finance annexed to Circular No. 30/2022 of 11 August 2022 relating to the money 
laundering legislation. Information also received from ANAC, Transparency International and Libera in the 
context  of  the  country  visit  to  Italy.  ANAC  has  repeatedly  called  for  a  similar  obligation  to  declare  the 
beneficiaries for economic operators competing for public contracts. See ANAC, ‘Here is the National Anti-
Corruption Plan approved by Anac’, 6 December 2022. 

85   Written  contribution  from  ANAC  in  the  context  of  the  country  visit  to  Italy.  The  Ultimate  Beneficial 

Ownership Register is not yet operational (see below pp. 15-16). 

86   According to input from Italy for the 2023 Rule of Law Report, the draft law stems from the observation that 
in 2021, out of 5292 proceedings concluded for the offence of abuse of office, there were only 9 convictions, 
which indicates a reduced effectiveness of the achieved results and the disproportion compared to human and 
economic resources necessary for these procedural activities.  

87   For trading in influence, the intermediary’s relations with the public official would have to be ‘actual’ and not 
merely ‘alleged’ while the promised or given advantage would have to be economic whereas currently non-
economic benefits are covered. 

88   The proposal to repeal the criminal offence of abuse of office has been criticised by several representatives of 
the judiciary, including the National Magistrates Association, the National Anti-Mafia Prosecutor, the former 
President of the Italian Anti-Corruption Authority and  current  Chief Prosecutor in Perugia and the  Deputy 
Prosecutor in Rome.  

89   During  the  country  visit  to  Italy,  police  and  judicial  authorities  noted  that  they  were  also  following  the 
proposed reforms being debated at the time in relation to their ability to use special investigative measures and 
to investigate certain corrupt practices such as abuse of office and trading in influence. The use of investigative 
measures,  e.g.,  is  vital  to  demonstrate  the  so-called  ‘pactum  sceleris’  or  criminal  conspiracy.  The  use  of 
interceptions  as  an  investigative  tool  has  proved  particularly  useful  for  offences  against  the  public 
administration. Information received from the Guardia di Finanza and the National Anti-Mafia Directorate, 
and the written contribution from the Court of Auditors in the context of the country visit to Italy.  

90   Information received from Libera in the context of the country visit to Italy.  See also Libera (6 December 
2022), ‘Dichiarazioni del Ministro Nordio sulla corruzione’ and Il Fatto Quotidiano (30 March 2023), ‘Meno 
intercettazioni,  revisione  dell’abuso  d’ufficio  e  della  Severino:  senza  controlli  il  nuovo  Codice  appalti 
incentiva la corruzione’. 

91   In the context of the Recovery and Resilience Plan, Italy committed to reducing by 25% the disposition time 
at three instances of criminal justice by late 2026. RRP, M1C1-46 related to criminal cases compared to 2019. 

12 

 
                                                           
by improving the efficiency and effectiveness of the prosecution and adjudication of criminal 
offences, including corruption, was part of the criminal justice reform adopted in September 
202192.  While  limitation  periods  were  suspended  for  first  instance  trials,  including  for 
corruption cases,  time limits  were set  for subsequent  appeal  proceedings93. At appeal  level, 
corruption proceedings would automatically close after a lapse of two years unless the judge 
requests an extension94. As the reform is recent and will only fully enter into force in 202595, 
it is not yet possible to ascertain its impact on corruption cases, including at the appeal level96. 
Italy  has  committed  to  proactively  monitor  the  impact  under  its  Recovery  and  Resilience 
Plan97.  

There has been significant progress on enhancing digitalisation and interconnection of 
registries as investments in IT tools have increased and financial information is available 
to  law  enforcement  authorities.  The  2022  Rule  of  Law  Report  recommended  to  Italy  to 
‘continue effective operations of police and prosecution service against high-level corruption, 
including  by  enhancing  digitalisation  and  interconnection  of  registries’98.  Cooperation  and 
coordination in practice between the various national police and prosecution services, the tax 
authorities and the Anti-Corruption Authority continues to  be effective  as was  the case  last 
year99, as is the cooperation between the police and law enforcement agencies and EPPO100. 
All competent authorities underlined the importance of ready access to financial and other data 
and technical tools to investigate and prosecute corruption and foreign bribery101. The Guardia 

See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Italy, p. 12. See also written 
contribution from the Guardia di Finanza in the context of the country visit to Italy.  

92   The  justice  reform  responds  to  recommendations  made  under  the  European  Semester;  see  the  Council 
Recommendation  of  9  July  2019  on  the  2019  National  Reform  Programme  of  Italy,  Country  specific 
recommendation 4, p. 11, and Recommendation for a Council Recommendation, Recital 27. 

93   A  positive  aspect  of  the  so-called  ‘Cartabia  reform’  is  that  certain  (minor)  corruption  offences  were  not 
decriminalized (‘exemption from punishment for particularly tenuous acts’) unlike other minor offences that 
were decriminalized in order to reduce the need for frequent and lengthy trials. This recognizes the importance 
of tackling corruption offences irrespective of the amounts of money involved. Even if the police will focus 
on  structured  crimes  or  those  involving  significant  amounts,  this  does  do  not  exclude  the  possibility  to 
prosecute lesser crimes if there are capacities to do so. Written contribution and information received from the 
Guadia di Finanza in the context of the country visit to Italy. 

94   2022 Rule of Law Report, Country Chapter on the rule of law situation in Italy, p. 15. 
95   As reported in the 2022 Rule of  Law  Report,  Country  Chapter on the  rule of  law situation in Italy, p. 15, 

footnote 129. 

96   Information received from the Ministry of Justice in the context of the country visit to Italy. The National 
Anti-Mafia  Directorate  considers  it  too  soon  to  assess  the  effects  of  the  reform.  According  to  information 
received  from  the  National  Bar  Council  in  the  context  of  the  country  visit  to  Italy,  while  the  changes  in 
procedural  criminal  law  were  positive,  they  are  yet  to  be  tested,  and  opined  that  the  reform  would  have 
benefited from a more flexible administrative sanctions regime in relation to the liability of legal persons. 

97   2022 Rule of Law Report, Country Chapter on the rule of law situation in Italy, p. 15. 
98   2022 Rule of Law Report, Country Chapter on the rule of law situation in Italy, p. 2. 
99   Such  as  the  Guardia  di  Finanza,  the  Financial  Intelligence  Unit,  the  Prosecutor’s  Office  at  the  Court  of 
Auditors and the National Anti-Mafia Directorate. Information received from these authorities in the context 
of the country visit to Italy. See also 2022 Rule of Law Report, Country Chapter on the rule of law situation 
in Italy, p. 15. 

100  Cooperation  between  EPPO  and  the  national  prosecution  offices  is  more  complex,  however,  due  to  the 

(fragmented) national structure. Input from EPPO for the 2023 Rule of Law Report.  

101  Information received from the Anti-Mafia Directorate and the Guardia di Finanza and written contribution 
from the Guardia di Finanza in the context of the country visit to Italy. See also 2022 Rule of Law Report, 
Country Chapter on the rule of law situation in Italy, pp. 15-16. The OECD has recognized Italy’s efforts to 
improve  enforcement  of  the  Anti-Bribery  Convention  e.g.  by  creating  the  3rd  Department  in  the  Milan 
prosecutor’s office  to tackle  foreign bribery  and by  strengthening the legislative  framework in the  field of 

13 

 
                                                           
di Finanza has invested considerable resources in developing and improving IT technologies 
and has signed specific protocol agreements with several financial entities to share information 
and access to their respective databases102. The Ultimate Beneficial Ownership Register set up 
in June 2022103, laying down rules for companies with legal personality, private legal persons, 
trusts  and  similar  legal  institutions  to  register  their  beneficial  ownership,  is  an  important 
development to fight corruption and organised crime groups104 once it is in operation105. In the 
context  of  the  use  of  RRP  funds,  the  sharing  of  information  on  public  expenditure  and  the 
access to certain databases by investigative bodies should allow more timely interventions to 
intercept anomalous financial movements and investigate unlawful enrichment106. Therefore, 
there has been significant progress on the implementation of the recommendation made in the 
2022 Rule of Law Report. 

There has been some progress made to adopt comprehensive legislation on conflicts of 
interest. The 2022 Rule of Law Report recommended to Italy to ‘adopt comprehensive conflict 
of  interest  rules  […]107.  Previous  efforts  to  adopt  comprehensive  legislation  on  conflicts  of 
interest for political office holders, including parliamentarians, have stalled over the years108. 
A draft law containing provisions on conflicts of interest of holders of state, regional or local 
government  offices,  as  well  as  the  President  and  members  of  independent  supervisory  and 
regulatory authorities is under discussion at the Parliament109. The bill provides a delegation to 
the Government to adapt the regulations on local government office holders and members of 
independent guarantee, supervisory and regulatory authorities, as well as provisions concerning 
the prohibition of foreign payments by holders of public office. So far, legislation on conflicts 
of  interest  remains  fragmented110.  Although  the  Chamber  of  Deputies  had  been  working  to 
formalise and integrate its Code of Conduct into its Rules of Procedure111, it did not complete 

judicial cooperation but remains seriously concerned that foreign bribery cases litigated in Italy have yielded 
a  high  number  of  dismissals.  OECD  (2022),  Implementing  the  OECD  Anti-Bribery  Convention,  Phase  4 
Report for Italy, pp. 6-7 and 86-87. 

102  Written contribution from the Guardia di Finanza in the context of the country visit to Italy.  
103  Instituted  by  Ministerial  Decree  No.  55  of  March  11,  2022.  A  number  of  regulatory  decrees  necessary  to 

implement decree n.55 are still under approval. 

104  Information received from the National Anti-Mafia Directorate in the context of the country visit to Italy.  
105  According to the Registry’s website, it will soon be possible to register beneficial ownership and to consult 

data. 

106  Written contribution from the Guardia di Finanza in the context of the country visit to Italy. To guarantee the 
correct use of RRP funds and track financial movements it will be possible to access and interconnect databases 
such as Re.Gi.S (monitoring, reporting and control of projects financed by RRP funds), ARACHNE (Anti-
Fraud IT System), BORIS (Beneficial Ownership Registers), Open-BDAP' (Public Administration Database) 
and the BDNCP (ANAC National Database of Public Contracts) amongst others. See also above concerning 
the need to register beneficial ownership in the public procurement sector and to interconnect the BDNCP 
with the Ultimate Beneficial Ownership Register.  

107  2022 Rule of Law Report, Country Chapter on the rule of law situation in Italy, p. 2.  
108  Legislative  proposal  No.  1461,  Macina  and  others,  presented  in  2019,  would  have  amended  and  replaced 
almost entirely the provisions of Law No. 215/2004 on Conflicts of Interest. The entry into force was planned 
for 1 July 2021. See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Italy, p. 16. See 
also 2021 Rule of Law Report, Country Chapter on the rule of law situation in Italy, pp. 11-12; and 2020 Rule 
of Law Report, Country Chapter on the rule of law situation in Italy, p. 11.  

109  Law A.C 304, presented on 13 October 2022.  
110  2022 Rule of Law Report, Country Chapter on the rule of law situation in Italy, p. 16. See also 2021 Rule of 
Law Report, Country Chapter on the rule of law situation in Italy, pp. 11-12 and 2020 Rule of Law Report, 
Country Chapter on the rule of law situation in Italy, p. 11.  

111  This would have included the codification of certain key transparency provisions e.g., an obligation to declare 
financial interests, parallel employment, ownership of assets or receipt of funding, and setting out sanctions 

14 

 
                                                           
its work under the previous legislature and resumed discussions under the current legislature, 
without a timeframe for completion112. The Senate adopted a Code of Conduct for its members 
on 26 April 2022113. However, the text is not publicly available and no detailed guidance has 
yet  been  issued114.  As  last  year,  no  further  developments  were  reported  concerning  the 
mandatory publication of asset declarations for members of the Chamber of Deputies and the 
Senate,  which  remains  fragmented  and  non-transparent115.  In  the  absence  of  substantive 
legislative developments, there has therefore been some progress on the implementation of the 
recommendation made in the 2022 Rule of Law Report. 

Some progress has been made to address the need to adopt comprehensive lobbying rules 
and establish a legislative footprint as a parliamentary inquiry is  underway. The 2022 
Rule of Law Report recommended to Italy to ‘adopt comprehensive […] lobbying regulation 
to establish an operational lobbying register, including a legislative footprint’116. Although the 
Chamber  of  Deputies  has  rules  on  lobbying117  and  a  lobbying  register  of  interest 
representatives, comprehensive lobbying rules are lacking for both parliamentary chambers118. 
As of mid-March 2023, there were only 318 legal persons and 62 natural persons registered119 
(275 and 52 respectively in April 2022). In January 2022, the Chamber of Deputies had passed 
a new lobbying law120 that envisaged the establishment of an electronic, mandatory register of 
interest  representatives.  The Senate was expected to  approve the draft law in  early 2023121. 
However, this did not take place due to early general elections held in September 2022. At its 
meeting of 8 March 2023, the First Standing Committee on Constitutional Affairs decided to 
conduct a fact-finding inquiry into the activities of interest representation and assess the need 
to draw up new rules. It will take account of the parliamentary work carried out in previous 

for  violation  of  the  Code,  as  recommended  by  GRECO.  See  GRECO  (2022)  Fourth  Evaluation  Round, 
Addendum to the Second Compliance Report for Italy, p. 3. 

112  Information received from the Parliament in the context of the country visit to Italy. The revisions would also 

have included provisions relating to gift policy and possibly the application of stricter sanctions.  

113  Information received from the Parliament in the context of the country visit to Italy. The Code of Conduct is 
made  up  of  eight  chapters,  including  provisions  relating  to  transparency,  conflict  of  interest,  gifts,  and 
sanctions.  

114  As also noted by GRECO, pp. 3 and 9. The Good Lobby is critical of the Senate’s Code which it considers to 
be weak and without any impact on preventing conflicts of interest. Information received in the context of the 
country visit to Italy. 

115  2022 Rule of  Law  Report,  Country Chapter on the rule of law situation in Italy, p. 16. This refers also to 
members of the Government  and senior civil servants. See for more details the 2021 Rule of Law  Report, 
Country Chapter on the rule of law situation in Italy, p. 12 and the 2020 Rule of Law Report, Country Chapter 
on the rule of law situation in Italy, p. 11. 

116  2022 Rule of Law Report, Country Chapter on the rule of law situation in Italy, p. 2.  
117  Decision No. 208/2017 on Lobbying in the Chamber of Deputies establishes a mandatory public register of 
lobbyists for any individual or legal entity representing collective interests. This 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 and no systematic or standardised approach. 2022 Rule of Law 
Report, Country Chapter on the rule of law situation in Italy, p. 17, footnote 151. 

118  As GRECO had noted, Decision No. 208/2017 only tackles the lobbyists part of the issue and had underlined 
the need for Italy to develop targeted guidance which would give deputies clear directions on how to engage 
with lobbyists and the expected conduct of behaviour. GRECO urged the Senate to regulate on this matter too. 
GRECO (2021) Fourth Evaluation Round, Second Compliance Report for Italy, p. 6. 
119  Information received from the Parliament in the context of the country visit to Italy.  
120  During the 18th parliamentary term, draft  Law S. 2495  was approved by the  Chamber of Deputies at first 

reading at its sitting of 12 January 2022 but not finally approved by the Senate.  
121  2022 Rule of Law Report, Country Chapter on the rule of law situation in Italy, p. 17. 

15 

 
                                                           
legislatures,  particularly  those  proposals  which  had  reached  a  more  advanced  stage122.  The 
inquiry is expected to be ready by the end of June 2023. Four draft bills have been tabled by 
individual  members  in  both  chambers,  but  these  have  not  been  debated  so  far123.  Until  an 
operational lobby register, including a ‘legislative footprint’, is set up, regulation of lobbying 
vis-à-vis the government will remain fragmented124. Since a parliamentary inquiry is ongoing 
to  address  the  need  to  adopt  comprehensive  lobbying  rules  and  establish  an  operational 
lobbying  register,  including  a  legislative  footprint,  there  has  been  some  progress  on  the 
implementation of the recommendation in the 2022 Rule of Law Report.  

Some  progress  has  been  made  to  address  the  practice  concerning  political  party  and 
campaign finance as hearings on a draft law have started in the Senate. The 2022 Rule of 
Law Report recommended to Italy to ‘effectively address the practice of channelling donations 
through  political  foundations  and  associations  and  introduce  a  single  electronic  register  for 
party  and  campaign  finance  information’125.  The  practice  of  channelling  donations  through 
political foundations and associations before they are transferred to political parties presents 
an obstacle to public accountability, as such transactions are difficult to trace and monitor126. 
Debates on the issue over several  parliamentary  terms  had not  resulted in  any change127. A 
centralised, single, machine-readable register to help ensure that political party and campaign 
finance information is made available in a coherent, understandable, and timely manner is still 
lacking128. Various draft laws have now been tabled under the current  legislature129  in both 
houses of parliament to amend or replace the current rules on political parties’ public funding, 

122  The  enquiry  by  the  First  Standing  Committee  for  Constitutional  Affairs  will  focus  on  four  main  issues: 
defining the scope of the rules i.e., defining the ‘public decision-maker’ and of the ‘stakeholder’; (interested 
parties and lobbyists); the different methods of regulating the issue (e.g., need for a mandatory register and the 
information  to  include  in  it;  the  identifying  a  supervisory  authority  (e.g.,  an  independent  administrative 
authority);  and  the  system  of  sanctions  and  penalties.  Apart  from  previous  draft  legislative  proposals,  the 
inquiry  will also take account of the  measures taken or under consideration in the European Union and in 
France, Germany, the United Kingdom and the United States. See Chamber of Deputies (XIX Parliamentary 
Term)  Documentation  and  Research  Service,  ‘Rules  on  interest  representation’  No.  25,  23  March  2023. 
Information also received from the Parliament in the context of the country visit to Italy. The Good Lobby and 
Libera lamented the lack of legislative progress on this topic, were aware that a new cycle of hearings should 
be taking place but noted that nothing concrete has been tabled yet.  

123  Written contribution from the Presidency of the Council of Ministers in the context of the country visit to Italy.  
124  Furthermore, it is to be noted that GRECO has now reversed its initial assessment of its recommendation v 
concerning lobbying regulation for both chambers from ‘partly implemented’ to ‘not implemented’. GRECO 
(2022) Fourth Evaluation Round, Addendum to the Second Compliance Report for Italy, p. 7. 

125  2022 Rule of Law Report, Country Chapter on the rule of law situation in Italy, p. 2.  
126  Italy prohibits direct public funding to political parties, including for political campaigns. Political parties are 
therefore required to finance themselves almost exclusively through private donations from individual donors 
or legal entities. Ibidem, pp. 17-18. 2022 Rule of Law Report, Country Chapter on the rule of law situation in 
Italy, pp. 17-18. 

127  See input from Italy for the 2023 Rule of Law Report, p. 28. Information also received from Transparency 

International and The Good Lobby in the context of the county visit to Italy.  

128  GRECO  Third  Evaluation  Round  -  Second  Addendum  to  the  Second  Compliance  Report,  para.  37, 
recommending  introducing  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. According to information received from Transparency International in the 
context of the country visit to Italy, only around 10% of associations report financial interests on their website. 
Another shortcoming is that the quality of the data is not unified in a central source and not available as open 
data and not coherent.  

129  Written contribution from the Presidency of the Council of Ministers in the context of the country visit to Italy.  

16 

 
                                                           
and hearings have started in the Senate130. Some of the ideas put forward include reducing the 
maximum  limit  for  financial  contributions  from  legal  persons  from  EUR 100 000  to 
EUR 50 000131. There still is no centralised, single, machine-readable register in place to help 
ensure that political party and campaign finance information is made available in a coherent, 
understandable, and timely manner. Given these developments, there has been some progress 
regarding the implementation of the recommendation made in the 2022 Rule of Law Report.  

The new law on whistleblower protection entered into force covering breaches of both 
EU and national law. In March 2023, the Council of Ministers approved Legislative Decree 
No. 24/2023132. The law aims to implement the EU Whistleblowers Directive133 and will apply 
from  15  July  2023.  It  covers  whistleblowers  in  both  the  public  and  the  private  sectors  and 
consolidates protections under existing laws134. It applies to reports of breaches of both EU and 
national  law  that  may  harm  the  public  interest135.  It  obliges  entities  with  more  than  50 
employees to establish internal and external reporting channels. The National Anti-Corruption 
Authority (ANAC) is the competent authority to receive external reports for both the public 
and  private  sectors  and  to  issue  administrative  sanctions136.  ANAC  is  expected  to  receive 
additional funding and 28 more staff posts137 to deal with these new competences and improve 
its existing complaints platform. The law provides for various protections, such as a prohibition 
on retaliation. These protections also cover anonymous whistleblowers and persons connected 
to the whistleblowers, such as those who help them come forward. The law allows non-profit 
entities to provide support measures, which is welcomed by civil society138. The new law is 
seen as a key tool in fighting corruption as reports of certain illegal acts, which may not be 
corruption offences as such, may well point to the presence of corruption139.  

130  Discussions  on  Senate  Act  No.  552,  ‘Amendment  to  Law  no.  6  of  2012  July  96  on  the  discipline  of  the 
Commission for the verification of statutes and the control of the accounts of political parties’ took place on 
4, 12 and 19 April. The deadline for tabling amendments was 26 April 2023. Written contribution from the 
Presidency of the Council of Ministers in the context of the country visit to Italy. Information also received 
from the Parliament in the context of the country visit to Italy.  

131  Information received from the Parliament in the context of the country visit to Italy. 
132  Information received from the Ministry of Justice in the context of the country visit to Italy. Input from Italy 

for the 2023 Rule of Law Report, pp. 29-30 and 32. 

133  Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law. 
134  Namely Legislative Decree Nos. 165/2001 and 231/2001 and Law No. 179 of November 30, 2017. Law No. 
179 of 30 November 2017 and Legislative Decree No. 231 of 8 June 2001. The protection of whistleblowers 
in the private sector was limited under these rules as it was based on voluntary compliance programmes. 
135  A  possibility  allowed  under  the  Directive  and  encouraged  by  the  European  Commission.  Transparency 
International and Libera noted that public sector whistleblowers can report breaches of both national and EU 
law  whereas  the  private  sector  is  limited  to  EU  law  breaches  (unless  already  allowed  under  existing 
whistleblowing laws, and as the lack of financial support for whistleblowers. The Good Lobby expressed a 
generally positive  view of  the law despite  some (non-specified) shortcomings. Information received in  the 
context of the country visit to Italy. 

136  The existing competence of the Court of Audit to examine whistleblower reports referred to it, including from 
the Guardia di Finanza or ANAC, remains unchanged. The Court only acts on qualified and detailed reports. 
Information received from the Court of Audit in the context of the country visit to Italy.  

137  Information received from ANAC in the context of the country visit to Italy. ANAC obtains around 90% of 
its resources through self-financing but receives some state funding too. Input from Italy for the 2023 Rule of 
Law Report, p. 26.  

138  Information received from Libera in the context of the country visit to Italy. In February 2023, Libera opened 

a web platform to enable whistleblowing reporting. 

139  Information received from the National Anti-mafia Directorate in the context of the country visit to Italy.  

17 

 
                                                           
A  new  Public  Procurement  Code  aimed  at  simplification  and  efficiency  has  been 
established. The Flash Eurobarometer on Businesses’ attitudes towards corruption in the EU 
shows that 10% of companies in Italy (EU average 26%) think that corruption has prevented 
them from winning a public tender or a public procurement contract in practice in the last three 
years140. A new Public Procurement Code entered into force on 1 April 2023 and will apply to 
new public tenders from 1 July 2023141. It aims to simplify and streamline certain procedures 
and  to  accelerate  and  liberalise  the  procurement  process142.  It  includes  the  complete 
digitalisation  of  procedures  and  the  establishment  of  a  procurement  database  as  well  as  an 
increase  in  the  thresholds  within  which  the  contracting  authorities  can  proceed  with  direct 
awards143. As reported last year144, law enforcement and judicial authorities continue to see an 
increased  potential  for  organised  crime  to  infiltrate  the  legal  economy  and  the  future 
procurements of public funds under the RRP particularly due to its size which could have a 
significant impact on the misuse of public money145.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

In  Italy,  media  freedom  and  pluralism  find  legal  and  formal  protection  in  the  Constitution, 
which  guarantees  press  freedom  and  the  right  to  freedom  of  expression146.  Secondary 
legislation147 provides for a comprehensive and robust framework ensuring media pluralism 
while the Autorità  per le Garanzie nelle Comunicazioni  (AGCOM) assumes the role of the 
independent regulator for the media sector. The right of access to information is ensured by the 

140  Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). This is 16 percentage 

points below the EU average. 

141  Legislative decree n.36, March 31, 2023 (Decreto Legislativo 31 marzo 2023, n. 36) implementing Article 1 
of Law No. 78/2022 of 21 June 2022. The reform of the Code was carried out as part of the implementation 
of Italy’s National Recovery and Resilience Plan, including Milestones no. M1C1-73 and M1C1-74. 

142  Press release by the Ministry of Infrastructure and Transport, ‘Procurement Code approved by the Council of 

Ministers’, 28 March 2023.  

143  For  amounts  up  to  EUR  5.3  million,  contracting  authorities  will  be  able  to  decide  to  activate  negotiated 
procedures or direct awards, respecting the principle of rotation. For works contracts up to EUR 500 000 small 
contracting authorities will be able to proceed directly without going through qualified contracting authorities. 
See MIT press release of 28 March 2023. The National Anti-Corruption Authority has acknowledged some 
the positive elements of the new code but has equally cautioned against raising thresholds that do not oblige 
the contracting authority to carry out a competitive comparison of operators. Written contribution from ANAC 
in the context of the country visit to Italy. See also ‘ANAC’s observations in relation to the Government Act 
submitted to parliamentary opinion’, 2 February 2023 and made before the Senate. 

144  See  2022  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Italy,  pp.  19-20.  Public 
procurement in the renewable energy, health, waste-management, and construction sectors remain areas where 
most cases of corruption occur and where organised crime is deeply rooted. 

145  Information  received  from  the  National  Anti-Mafia  Directorate,  the  Guardia  di  Finanza  and  the  Court  of 
Auditors/Prosecutor’s  Office  at  the  Court  of  Auditors  and  the  National  Bar  Council  in  the  context  of  the 
country  visit  to  Italy.  See  also  written  contribution  from  the  Court  of  Auditors  and  the  Intervention  of  26 
January 2023 by the Prosecutor General of the Supreme Court of Cassation at the General Assembly of the 
Court on the administration of justice  in 2022. The potential for simplified procedures to be vulnerable to 
corrupt practices and organised crime infiltration was a recurrent point. Civil society and other organisations 
have also raised concerns about the potential risks of corruption and infiltration of organised crime into the 
licit economy. Information received from Libera in the context of the country visit to Italy. See Libera (31 
March 2023) ‘Oversimplification implies the risk of a significant increase in corruption and mafia infiltration’ 
and Libera (14 March 2023), ‘Ensuring legality, transparency, competition, effective protection of health and 
safety in a general framework of simplification of rules and procedures’.  

146  Constitution of Italy, Article 21. Italy ranks 41st in the 2023 Reporters without Borders World Press Freedom 

Index compared to 58th in the previous year. 

147  Legislative Decree no. 208/2021. 

18 

 
                                                           
Freedom of Information Act, which allows citizens to access data and documents held by the 
public administration that are relevant to public and private interests148. 

Italy has an independent and effective media regulator with extensive powers. The Italian 
Communication  Regulatory  Authority  (AGCOM)  oversees  audiovisual,  press,  electronic 
communications  and  postal  service  sectors,  and  is  entrusted  with  regulatory,  monitoring, 
enforcement  and  sanctioning  powers  in  the  media  sector.149  Over  the  previous  two  years, 
following the transposition in the Italian legal framework of several pieces of EU legislation, 
including  the  Audiovisual  Media  Services  Directive150,  the  Copyright  Directive151,  and  the 
Electronic Communication Code152, AGCOM’s competences have been extended to matters 
related to digital and media literacy initiatives as well as to the regulation and supervision of 
digital media and online platforms, including digital advertising and pluralism, disinformation 
and hate speech issues in the online environment153. In order to fulfil its extensive functions, 
AGCOM  relies  on  a  self-financing  system  based  on  contributions  collected  from  the 
undertakings that operate under its regulatory remit154. Rules aimed at safeguarding AGCOM’s 
independence vis-à-vis political and economic actors are in place155. In particular, according to 
a cooling-off period rule, for two  years after the  end of their terms  in  the authority,  former 
AGCOM’s President, Board Members and managers cannot engage in any direct or indirect 
relationship  with  undertakings  operating  in  the  sectors  falling  under  AGCOM’s  regulatory 
remit156.  Moreover,  the  rules  governing  the  appointment  of  the  Commissioners  and  the 
President of AGCOM have also been strengthened in the context of the transposition of the 
Electronic Communications Code157.  

Public service media play a major role in the media landscape while safeguards for their 
editorial  and  financial  independence  need  to  be  strengthened.  There  have  been  no 
developments  concerning  the  legislative  framework  regulating  the  governance  and  funding 

148  Legislative Decree no. 97/2016. 
149  Law of 31 July 1997 n. 249 on the establishment of Communication Regulatory Authority (AGCOM); Input 

from Italy for the 2023 Rule of Law Report, p. 35.  

150  Directive (EU) 1808/2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down 
by law, regulation or administrative action in Member States concerning the provision of audiovisual media 
services (Audiovisual Media Services Directive) in view of changing market realities, transposed by legislative 
decree n. 208/2021.  

151  Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 

96/9/EC and 2001/29/EC, transposed by legislative decree n. 177/2021.  

152  Directive  (EU)  2018/1972  establishing  the  European  Electronic  Communication  Code,  transposed  by 

legislative decree n. 207/2021.  

153 The Law of 31 July 1997 n. 249 on the establishment of AGCOM has been amended several times to broaden 
its remit. As for the media sector, the Law Decree no. 63/2012 has conferred AGCOM new competences on 
the online information system including online press and online advertising. More recently, new competences 
have been entrusted to AGCOM by the Legislative Decree no. 177/2021 and the Legislative Decree 181/2021 
on collective societies (on online copyright) and by the national implementation of the revised Audiovisual 
Media Services Directive by the Legislative Decree 208/2021. 

154  Input from Italy for the 2023 Rule of Law Report, p. 35.  
155  2022 Media Pluralism Monitor, country report for Italy, p. 13. 
156  Input from Italy for the 2023 Rule of Law Report, pp. 35-36. 
157  Article  3,  Section  V  –  final  provisions  of  legislative  decree  n.  207/2021  establishes  a  set  of  criteria  that 
candidates must fulfil in order to be eligible as members of the AGCOM Board and requires the publication 
of the candidates’ curricula on the websites of the three institutions involved in the appointment procedure, 
notably the Chamber of Deputies, the Senate, and the Presidency of the Council.  

19 

 
                                                           
the  public  service  media  RAI-Radiotelevisione  Italiana  S.p.a  (RAI)158, 
system  of 
notwithstanding the need, as mentioned in the 2022 Rule of Law Report and MPM 2023, of a 
reform allowing RAI to be better equipped vis-à-vis risks of political influence and financial 
dependence on the Government159. In particular, RAI pointed to the need of more adequate and 
stable financial resources, as well as a more coherent and up-to-date legislative framework in 
order  to  effectively  fulfil  its  public  mission  and  better  address  the  challenges  posed  by 
digitalisation160. This is required also in view of the role the public service media in the Italian 
media landscape. In fact, RAI has the largest audience in the linear television sector, accounting 
for 37,9% of the audiences on an average day161 and reaching weekly more than 90% of citizens 
over 14 years old162, and is the main player in the radio sector, holding 23,5% of market share 
in  terms  of  revenues163.  RAI  has  also  been  active  in  fostering  social  cohesion,  promoting 
cultural diversity, as well as enhancing media freedom and pluralism, including by means of 
debunking and media literacy initiatives aimed to fight disinformation164. Similarly, RAI has 
recently  reformed  and  reinforced  its  strategies  and  governance  in  view  of  raising  its 
engagement  in  the  field  of  sustainability.  In  particular,  the  new  directorate  “RAI  per  la 
Sostenibilità  –  ESG”  has  been  established  in  order  to  identify  and  develop  good  practices 
needed to meet the sustainability and accountability goals required for the fulfilment of RAI’s 
public service remit165.  

The  Government  has  adopted  measures  to  support  media  under  economic  distress 
although there is a need for more structural interventions to promote media pluralism. 
Following the COVID-19 crisis, the indicators of economic sustainability have improved, and 
revenues of traditional media have started to grow166. Nevertheless, the recovery of the media 
sector is slower than that of the overall economy and has not reversed the structural decline of 
the  sector,  in  particular  as  regards  the  press,  where  stakeholders  fear  an  upsurge  of 
unemployment167. Over the last few years, the Government has adopted a series of ordinary 
and extraordinary initiatives aimed at alleviating economic distress in the media sector, which 
included measures to foster and support technological innovation and digital transition in the 

158  According to European Parliament’s Flash Eurobarometer: News & Media Survey 2022, 45% of respondents 

in Italy stated that they trust public TV and radio stations, below the EU average of 49%. 

159  2022  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Italy,  pp.  21-22;  2023  Media 
Pluralism Monitor, country report for Italy, pp 32-33, and 41. In particular, the 2023 Media Pluralism Monitor 
considers  the  independence  of  public  service  media  at  high  risk,  with  a  risk  score  of  71%,  due  to  the 
appointment of RAI’s management bodies being influenced by the Government and negotiations between the 
political parties in the Parliament, 2023 Media Pluralism Monitor, country report for Italy, pp. 11 and 32. 

160  Information received from RAI in the context of the country visit to Italy. 
161  2023 Media Pluralism Monitor, country report for Italy, p. 8. 
162  Written contribution received by RAI in the context of the country visit in Italy.  
163  2023 Media Pluralism Monitor, country report for Italy, p. 22. 
164  For  example,  RAI  has  produced  programmes  aimed  to  educate  citizens  in  countering  disinformation  and 
collaborated with universities and research institutes like the Italian Digital Media Observatory (IDMO) in the 
development of digital and media literacy initiatives, including the mapping of the relevant best practices in 
the fight against disinformation adopted in the Italian media sector, Italian Digital Media Observatory (2022), 
Media Literacy Versus Fake News. Esperienze e best practice in Italia, as confirmed by information received 
from RAI in the context of the country visit to Italy.  

165  Written contribution received by RAI in the context of the country visit in Italy.  
166  2022 Media Pluralism Monitor, country report for Italy, p. 9; AGCOM Relazione Annuale 2022 sull’attività 

svolta e sui programmi di lavoro, pp. 43-44.  

167  2022 Media Pluralism Monitor, country report for Italy, p. 9; Contribution from the European Federation of 
Journalists for the 2023 Rule of Law Report, p. 42, as confirmed by information received from Federazione 
nazionale stampa italiana, AGCOM, and RAI in the context of the country visit to Italy. 

20 

 
                                                           
press,  TV  and  radio  sectors,  as  well  as  financial  contribution  schemes  aimed  to  foster  the 
recruitment of young professionals with media-specific competences and the stabilisation of 
journalistic  employment  through  the  conversion  of  temporary  contracts  into  fixed-term 
contracts168. Nevertheless, there is a need, as also indicated by several stakeholders, of more 
structural interventions, designed in such a manner as to prevent concentration of funding with 
large and medium-size media outlets, and ensure a fairer distribution of resources to non-profit, 
small or local media outlets in view of better supporting the regional and local news industry, 
where journalists are more vulnerable, and the effects of the economic distress have a more 
severe impact on media freedom and pluralism169. 

There is a specific legal framework in place ensuring a certain degree of media ownership 
transparency. In Italy, the principle of transparency is enshrined in the Constitution170 and is 
further regulated in the law which requires radio and audiovisual service providers to make 
easily, directly, and permanently accessible information on their media ownership 171. AGCOM 
manages the Register of Communication Operators172, to which every operator in the media 
sector, including search engines and online intermediatory services, is compelled to apply and 
where information on the ownership structure of media companies is collected173. However, 
the  2023  Media  Pluralism  Monitor  pointed  out  that  the  framework  in  relating  to  the 
transparency of media ownership needs to be further strengthened, particularly as regards the 
access  to  information  that  could  help  to  identify  beneficial  owners174.  As  regards  media 
concentrations, according to specific anti-concentration rules applicable to the media sector, 
AGCOM is tasked with the assessment of media market concentrations and has the power to 
prohibit those leading to  the formation  of significant  market  power positions detrimental  to 
media pluralism175.  

Rules ensuring access to information are in place although stakeholders voiced concerns 
regarding  their  practical  effectiveness.  The  right  of  access  to  information  held  by  public 
bodies is ensured by the Freedom of Information Act (FOIA), the implementation of which is 
monitored annually176, and which includes rules regulating cases of restrictions to the access 

168  2023 Media Pluralism Monitor, country report for Italy, pp. 23-24. In 2016, the Government established the 
Fund for pluralism of information aimed at supporting the publishing as well as the radio and TV sectors, the 
resources allocated to such fund in 2023 amount to around EUR 159 million. On top of such ordinary measure, 
the Government also established an extraordinary  fund in  2022 in order to sustain employment levels and 
foster  the  digital  transition  in  the  media  sector.  The resources  allocated  to  this  extraordinary  fund  in  2023 
amount to EUR 140 million, information received from the Italian Government in the context of the country 
visit to Italy.  

169  Contribution  from  the  European  Federation  of  Journalists  for  the  2023  Rule  of  Law  Report,  pp.  41-42; 
Contribution  from  Osservatorio  Balcani  e  Caucaso  Transeuropa  and  Centro  per  la  Cooperazione 
Internazionale for the 2023 Rule of Law Report, p. 21; Contribution from Civil Liberties Union for Europe on 
Italy for the 2023 Rule of Law Report, p. 15, as confirmed by information received from Federazione nazionale 
stampa italiana in the context of the country visit to Italy.  

170  Constitution of Italy, Article 21, paragraph 5.  
171  Legislative Decree no. 208/2021, Article 29 and Law no. 47/1948, Art. 5.  
172  Law of 31 July 1997 n. 249 and Delibera n. 666/08/CONS - Regolamento per l'organizzazione e la tenuta del 

Registro degli operatori di comunicazione. 

173  Input from Italy for the 2023 Rule of Law Report, p. 43; 2023 Media Pluralism Monitor, country report for 

Italy, p.20. 

174  2023 Media Pluralism Monitor, country report for Italy, pp. 21 and 41.  
175  Legislative decree n. 208/2021, Art. 51. 
176 The most recent data on the monitoring refer to 2020 and show that on a total of 1,776 requests, access was 
partially or fully granted in 62% of cases. The data also recorded an increase in the number of appeal requests 

21 

 
                                                           
and requiring public authorities to duly justify access denials177. However, some stakeholders 
stressed the need to improve the implementation of the FOIA and its effectiveness to ensure 
that public authorities handle the requests of access consistently and in a timely manner178. As 
regards the right of access to judicial information and the journalistic coverage of crimes, the 
Council of Ministers presented on 15 June 2023 a draft law including amendments limiting the 
possibility for newspapers and journalists to access and publish the content of wiretaps179. 

Despite  relevant  rules  and  initiatives  in  place,  attacks,  threats  and  other  forms  of 
intimidation against journalists remain a source of concern.  Italy has been active in the 
field  of  protection  of  journalists  against  threats  and  attacks  through  several  legislative 
interventions, which include the provision, in case of threats of violence against journalists, of 
specific  protection  protocols  involving  police  and  judicial  authorities  as  well  as  local 
governments180, and regulatory initiatives of AGCOM, such as the Hate speech Regulation181, 
aimed to strengthen the protection of journalists targeted by verbal threats, smear campaigns 
and other forms of online harassment182. Furthermore, in 2022 Italy hosted the third edition of 
the Journalists in Residence programme183, which is aimed to provide journalists and media 
professionals experiencing risks or threats related to their journalistic work with a safe place 
where  they  can  continue  their  investigative  and  reporting  activities184.  Italy  also  has  a 
specialised Coordination Centre established within the Ministry of the Interior and dedicated 
to  monitoring  cases  of  violence  and  abuses  against  journalists  and  media  outlets185. 
Nevertheless, stakeholders186 have stressed that attacks and threats against journalists continue 

related to alleged arbitrary denials or a lack of answers. 45% of appeals requests were accepted, FOIA Centro 
nazionale di competenza (2021), Monitoraggio sull’attuazione del FOIA nel 2020.  

177  Legislative Decree no. 97/2016.  
178  2023 Media Pluralism Monitor, country report for Italy,  p. 14; Article 19 Europe (2022), Italy: Improving 
protections  for  freedom  of  expression  and  information;  International  Press  Institute  (2022),  Italy:  New 
government must improve legal framework for media freedom.  

179  DDL  –  “Modifiche  al  codice  penale,  al  codice  di  procedura  penale  e  all’ordinamento  giudiziario. 
Interpretazione autentica dell’articolo 9 della legge 10 aprile 1951, n. 287”. On a similar issue, see also 2022 
Rule of Law Report, Country Chapter on the rule of law situation in Italy, p.22. 

180  In particular, the protocols foresee four different levels of protection going from providing an armoured car 
up to a round-the-clock police escort, depending on the seriousness of the risks to the journalist’s life, Input 
from Italy for the 2023 Rule of Law Report, p. 45.  

181  AGCOM, Delibera n. 157/19/CONS “Regolamento recante disposizioni in materia di rispetto della dignità 

umana e del principio di non discriminazione e di contrasto all'hate speech”.  

182  Input from Italy for the 2023 Rule of Law Report, p. 46. 
183  The programme is organised in the framework of the Media Freedom Rapid Response project, and is managed 
by  the  newspaper  Q  Code  magazine,  in  coordination  with  the  think  tank  Osservatorio  Balcani  e  Caucaso 
Transeuropa  and  the  non-profit  organisation  European  Centre  for  the  Press  and  Media  Freedom,  with  the 
financial support of the European Union.  

184  Franet (2023), Country research – An update on developments regarding civic space in the EU and an overview 

of the possibilities for human rights defenders to enter EU territory– Italy, p. 6. 

185  Centro  di  coordinamento  sul  fenomeno  degli  atti  intimidatori  nei  confronti  dei  giornalisti,  Centro  di 
coordinamento sul fenomeno degli atti intimidatori nei confronti dei giornalisti | Ministero dell‘Interno. 
186  Contribution from the European Federation of Journalists for the 2023 Rule of Law Report, p. 42; Contribution 
from  the  Committee  to  Protect  Journalists,  pp.  16-17;  Contribution  from  Osservatorio  Balcani  e  Caucaso 
Transeuropa  and  Centro  per  la  Cooperazione  Internazionale  for  the  2023  Rule  of  Law  Report,  p.  21; 
Contribution  from  Civil  Liberties  Union  for  Europe  on  Italy  for  the  2023  Rule  of  Law  Report,  p.  14,  as 
confirmed by information received from Federazione nazionale stampa italiana in the context of the country 
visit to Italy. 

22 

 
                                                           
to be a source of concern187. Since the 2022 Rule of Law Report, 30 alerts concerning Italy 
where registered by the Council of Europe’s Platform to promote the protection of journalism 
and safety of journalists188, while the Mapping Media Freedom platform reported 46 incidents 
in 2022 and 34 incidents in the first five months of 2023189. According to the latest available 
statistics published by the Italian authorities, covering the first three months of 2023, 28 acts 
of intimidation were recorded, of which 7% concerned organised crime and 43% were of a 
‘political-social nature’, while 10 out of 28 cases (36%) occurred online190. In addition, several 
stakeholders have pointed to an increasing trend with respect to SLAPPs instigated by political 
figures and targeting media professionals, with a chilling effect on freedom of information and 
the journalistic work 191. As in previous years192, several stakeholders also continued to refer to 
the deterioration of working conditions in the media sector as a further challenge to journalists’ 
independence and safety193.  

Some  progress  has  been  achieved  as  a  reform  of  the  regime  on  defamation  and  the 
protection of professional secrecy and journalistic sources has been initiated. The 2022 
Rule of  Law Report recommended to  Italy to  ‘introduce legislative  and  other safeguards to 
reform  the  regime  on  defamation,  the  protection  of  professional  secrecy  and  journalistic 
sources, taking into account the European standards on the protection of journalists’194. The 
recommendation  stemmed  from  the  fact  that,  as  reported  in  previous  reports195,  the  Italian 
legislator  had  not  taken  action  with  respect  to  the  long-standing  issue  of  criminalisation  of 

187  2023 Media Pluralism Monitor, country report for Italy, p. 16. Currently, round-the-clock police protection is 
provided to 20 journalists because of death threats, attacks or other forms of intimidation they received for 
their  work,  Reporters  without  Borders 
on 
https://rsf.org/en/country/italy.  

Italy  Country 

available 

Section 

(2022), 

188  Council of Europe, Platform to promote the protection of journalism and safety of journalists, Italy.  
189  Mapping Media Freedom, Italy country profile. 
190  Dipartimento della Pubblica sicurezza (2023), Atti intimidatori nei confronti di giornalisti – primo trimestre 
2023. It must be noted that several stakeholders have stressed the need to improve the scope and effectiveness 
of the Coordination Centre as it only takes into account data  based on police reports and does not include 
certain types of intimidations such as legal threats and SLAPPs, Contribution from the European Federation 
of  Journalists  for  the  2023  Rule  of  Law  Report,  p.  43;  Contribution  from  Osservatorio  Balcani  e  Caucaso 
Transeuropa  and  Centro  per  la  Cooperazione  Internazionale  for  the  2023  Rule  of  Law  Report,  p.  22; 
Contribution from Civil Liberties Union for Europe on Italy for the 2023 Rule of Law Report, pp. 15-16.  
191  2023 Media Pluralism Monitor, country report for Italy, pp. 10,14, and 16. In particular, such SLAPPs cases 
involved freelancers as well as well-known journalists, editors in chiefs and media outlets sued or threatened 
to be sued by local and national politicians or high-level government officials, International Press Institute 
(2023), Italy: Prosecutor issues seizure order for article published by newspaper Domani; Contribution from 
the European Federation of Journalists for the 2023 Rule of Law Report, p. 44; Contribution from Osservatorio 
Balcani  e  Caucaso  Transeuropa  and  Centro  per  la  Cooperazione  Internazionale  for  the  2023  Rule  of  Law 
Report, p. 24; Contribution from Civil Liberties Union for Europe on Italy for the 2023 Rule of Law Report, 
pp. 16-17.  

192  2022 Rule of Law Report, Country Chapter on the rule of law situation in Italy, p.23; 2021 Rule of Law Report, 

Country Chapter on the rule of law situation in Italy, p.16. 

193  Contribution from the European Federation of Journalists for the 2023 Rule of Law Report, p. 42; Contribution 
from Osservatorio Balcani e Caucaso Transeuropa and Centro per la Cooperazione Internazionale for the 2023 
Rule of Law Report, p.21; Contribution from Civil Liberties Union for Europe on Italy for the 2023 Rule of 
Law,  pp.  14-15,  as  confirmed  by  information  received  from  AGCOM  and  Federazione  nazionale  stampa 
italiana in the context of the country visit to Italy; the 2023 Media Pluralism Monitor considers the indicator 
of media viability at high risk, with a risk score of 76%, 2023 Media Pluralism Monitor, country report for 
Italy, p. 21. 

194  2022 Rule of Law Report, Country Chapter on the rule of law situation in Italy, p. 2. 
195  2022 Rule of  Law Report,  Country  Chapter on the  rule of law situation in Italy, p. 22; 2021 Rule of  Law 

Report, Country Chapter on the rule of law situation in Italy, p. 16. 

23 

 
                                                           
defamation196  even  though  the  Constitutional  Court197  had  held  that  the  penalty  of 
imprisonment  for  press  defamation  provided  for  in  Article  13  of  the  Press  Law  was 
unconstitutional  and  incompatible  with  Article  10  of  the  European  Convention  of  Human 
Rights, and had invited the Italian Parliament to reform the defamation regime198. Moreover, 
the recommendation also took into account the need to strengthen the Italian legal framework 
on professional secrecy in order to provide more effective protection to journalists and their 
sources199.  On  16  January  2023,  a  legislative  proposal  to  amend  the  defamation  law  was 
presented  at  the  Italian  Senate200,  where  it  is  currently  under  examination  in  the  Justice 
Committee201. The proposal abolishes the penalty of imprisonment for press defamation and 
substitutes it with a fine from EUR 5 000 to EUR 10 000, increased from EUR 10 000 to EUR 
50 000 in cases where the defamation concerns false information that the journalist knew to be 
false202. The proposal also amends the rules on corrections and apologies203, extends the regime 
of press defamation to online press as well as to television and radio newscasts204, lays down a 
procedure for notification and removal of offensive content published on online platforms and 
the  corresponding  activation  of  a  conciliation  mechanism  between  the  parties  before  an 
independent self-regulatory body established by AGCOM205. The proposal also addresses the 
issue of the protection of professional secrecy and journalistic sources as it extends the relevant 
regime also to non-professional journalists.206 However, some challenges remain regarding the 
protection  of  journalists  in  the  context  of  their  reporting  activities,  including  in  criminal 
investigations207. In particular, the conduct of criminal investigations should not impinge on 

196  In October 2022, in the context of a defamation lawsuit related to reporting by three journalists on a case 
involving a former minister, an Italian prosecutor demanded a prison sentence of six months for the concerned 
journalists, Contribution from the European Federation of Journalists for the 2023 Rule of Law Report, p. 44; 
Contribution  from  Osservatorio  Balcani  e  Caucaso  Transeuropa  and  Centro  per  la  Cooperazione 
Internazionale for the 2023 Rule of Law Report, p.24; Contribution from Civil Liberties Union for Europe on 
Italy for the 2023 Rule of Law Report, p. 17; Contribution from the Committee to Protect Journalists, p. 17. 

197  Decision of the Constitutional Court of 22 June 2021, No. 150/2021. 
198   The  2023  MPM  registered  an  increase  of  the  risk  level  for  the  indicator  on  the  protection  of  freedom  of 
expression, whose risk indicator changed from low risk of 29% to medium risk 34%, mainly related to the 
disproportionate recourse to defamation lawsuits and the long-standing delay of the Parliament in amending 
the defamation law in line with the Constitutional Court’s decision, 2023 Media Pluralism Monitor, country 
report for Italy, p. 13. 

199  In  particular,  a  strict  interpretation  of  the  relevant  provisions  may  exclude  freelance  and  non-professional 
journalists from the protection of journalistic sources while wiretapping of journalists is still formally lawful 
under Italian criminal procedural law, even if carried out while they were talking to their sources, 2022 Media 
Pluralism Monitor, country report for Italy, p. 13; Contribution from the European Federation of Journalists 
for the 2023 Rule of Law Report, p. 42; Contribution from Osservatorio Balcani e Caucaso Transeuropa and 
Centro per la Cooperazione Internazionale for the 2023 Rule of Law Report, p. 21; Contribution from Civil 
Liberties Union for Europe on Italy for the 2023 Rule of Law Report, p. 15; Contribution from the Committee 
to Protect Journalists, p. 16; International Press Institute (2021), Wiretapping of journalists in Italy must be 
thoroughly investigated.;  

200  Atto Senato n. 466. 
201  Information 

available 

on 

the 

Italian 

Senate’s 

website: 

https://www.senato.it/leg/19/BGT/Schede/Ddliter/56433.htm.  

202  Atto Senato n. 466, Article 1 (e).  
203  Ibidem, Article 1(b), (c), and (e). 
204  Ibidem, Article 1(a).  
205  Ibidem, Article 4.  
206  Ibidem, Article 5.  
207  2023 Media Pluralism Monitor, country report for Italy, p. 16. 

24 

 
                                                           
the journalists’ right to engage with relevant sources securely and safely208. Considering these 
developments,  there  was  some  progress  on  implementing  the  recommendation  made  in  the 
2022 Rule of Law Report, as the work on the relevant legislative proposal is still at an early 
stage.  

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Italy is a unitary parliamentary republic with an indirectly elected President209. 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  Labour210,  and  the 
Regional Council. The Constitutional Court decides in exclusivity on disputes regarding the 
constitutionality of laws. There is currently no national human rights institution, and several 
regional ombudspersons are responsible for safeguarding the freedoms and rights of persons211. 
The  Inter-ministerial  Committee  for  Human  Rights  (CIDU)  is  the  coordinating  national 
institution  interacting  with  civil  society,  academia,  and  all  relevant  stakeholders  to  ensure 
reporting and follow-up on human rights issues. 

Public consultations in the legislative process allow online participation while challenges 
regarding  their  effectiveness  in  practice  have  been  pointed  out.  Regulatory  impact 
assessments (RIA) and public consultations are a mandatory part of the legislative process212. 
Improvements can be noted in the area of RIAs, where ex post evaluations have become more 
common across a wider range of policy areas, and the public is now informed in advance of ex 
post  evaluations  that  will  take  place  through  two-year  plans  posted  on  the  website  of  each 
ministry213. However, even though the ex post evaluations are now conducted more often, they 
are not conducted systematically214. The public consultation processes have been improved by 
the creation of a single online access point215. However, stakeholders report that there is no 
systematic  consultation  carried  out  by  the  Government216.  The  process  seems  to  allow  the 
participation of many but there is no information as to what has been taken into account from 
the consulted stakeholders217. It also appears that public consultations are not consistent across 
different ministries, and that feedback from consultations is not systematically responded to, 

208  This issue has been also raised by some stakeholders, see Article 19 Europe (2022). The need to strengthen 
the protection of the right to freedom of expression and information through legal reforms in Italy  – Legal 
briefing, pp. 13-14; International Press Institute (2022), Italy: New government must improve legal framework 
for media freedom.  

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

economic and social field. 

211  For more information, see Ombudsman of Tuscany website, http://www.difensorecivicotoscana.it.  
212  See 2020 and 2021 Rule of Law Report, Country Chapter on the rule of law situation in Italy, pp. 16-18. 
213  OECD, Better Regulation Practices across the European Union 2022, p. 174. 
214  OECD, Better Regulation Practices across the European Union 2022, p. 174. 
215 ParteciPa - https://partecipa.gov.it./ is the Italian Government public consultation and participation platform. 
The  website  Consultazione.gov.it  https://www.consultazione.gov.it/it/  is  the  access  point  to  public 
consultations carried out by public administrations. 

216  Written contribution from CILD in the context of the country visit to Italy, p. 2. 
217  See previous footnote.  

25 

 
                                                           
nor taken into account218. The Civic Observatory219 for the implementation of the Recovery 
and Resilience Plan (RRP) has also stressed the need for more transparency of data regarding 
projects financed through the RRP and more openness of the decision-making process to civil 
society  bodies.  To  achieve  this,  in  November  2022,  they  launched  the  campaign  “Well 
communicated  data”220.  Through  this  campaign,  there  are  currently  more  than  45  thousand 
signatories and 298 promoting organisations that ask the Government and Parliament for open 
and machine-readable data on the main issues of interest to citizens, starting with the RRP data. 
Moreover,  the  Government  created  a  position  of  a  Minister  for  Institutional  Reforms  and 
Regulatory Simplification who is tasked with promoting the reduction of the stock of existing 
regulation, as part of the ongoing process for simplification and reorganisation of the regulatory 
framework. 

On 1 January 2023, Italy had 59 leading judgments of the European Court of Human 
Rights pending implementation, an increase of one compared to the previous year221. At 
that time, Italy’s rate of leading judgments from the past 10 years that remained pending was 
at 63% (compared to 58% in 2022) and the average time that the judgments had been pending 
implementation was over 6 years and 2 months (compared to over 5 years and 10 months in 
2022)222. The oldest leading judgment, whose implementation is pending for 25 years, concerns 
the excessive length of administrative proceedings223. On 15 June 2023, the number of leading 
judgments pending implementation had increased to 61224. 

Some progress has been made on establishing a National Human Rights Institution, as 
two new draft laws are under discussion. The 2022 Rule of Law Report recommended to 
Italy to “increase efforts to establish a National Human Rights Institution taking into account 
the UN Paris Principles”225. On 9 November 2022, the Government tabled a new draft law to 
create a National Human Rights Institution (NHRI)226. This new draft envisages to attribute 
additional powers to the already existing Data Protection Authority (DPA), which would then 
be responsible for ensuring the respect and protection of human rights, including online, going 

218  OECD, Better Regulation Practices across the European Union 2022, p. 174. 
219  The Civic Observatory – a coalition of more than 30 CSOs created in 2021 to monitor the transparency and 
inclusiveness of the decision-making process – participated in all meetings of the RRP advisory body with 
governmental, regional and local authorities, representatives of academia and of trade associations. 

220  Dati Bene Comune – www.datibenecomune.it.  
221  The adoption of necessary execution  measures  for a  judgment by the European  Court of Human  Rights is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

222  All figures are calculated by the European Implementation Network and are based on the number of cases that 
are considered pending at the annual cut-off date of 1 January 2023. See the Contribution from the European 
Implementation Network for the 2023 Rule of Law Report, p. 5. 

223  Judgment of the European Court of Human Rights of 2 September 1997, Abenavoli v. Italy, 24487/94, pending 

implementation since 1997. 

224  Data according to the online database of the Council of Europe (HUDOC). 
225  See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Italy, p. 2. 
226  As mentioned in the 2020, 2021 and 2022 Rule of Law Reports, several draft laws had been tabled through 
the  years  to  address  this  long-standing  commitment.  They  were  focusing  on  creating  a  new,  self-standing 
institution to address the commitment. However, none of these draft laws resulted in the creation of a National 
Human Rights Institution. Finally, the new Government decided to propose a completely  new draft law that 
builds upon an already existing institution.  

26 

 
                                                           
beyond the mere protection of personal data227. Nevertheless, the draft law does not envisage 
any  further  expansion  of  the  resources  (human  or  financial)  for  this  authority228.  While  the 
Paris Principles229 do not specify the type of institution that could be a NHRI, and they allow 
for  a  multi-mandated  bodies,  they  require  any  such  institution  is  independent  from  the 
government; has adequate resources, so that NHRIs have the funding, staffing, infrastructure 
and institutional capacity to perform their functions and discharge their responsibilities. While, 
from the perspective of the EU Data Protection Regulation230, it is accepted for a DPA to take 
on additional competences this is provided that the conditions under the Regulation are met231. 
On 16 May 2023, a new draft law was tabled in Parliament by one of the political parties232. 
This is a one-article proposal, which inserts a provision into the Constitution, establishing the 
independent national body, outlining its functions, articulation and composition233.This brings 
the number of pending legislative proposals for the creation of an NHRI to five. As in previous 
years,  while  draft  laws  are  being  tabled,  there  is  no  follow-up.  Therefore,  there  are  still  no 
further  concrete  actions  taken  to  establish  a  National  Human  Rights  Institution  in  practice, 
which was also confirmed by stakeholders234. Therefore, only some progress was achieved so 
far in fulfilling the recommendation made in the 2022 Rule of Law Report.  

Several new decrees were adopted that might negatively affect the work of civil society 
organisations, while amendments improved the rules of tax and financial concessions for 
CSOs. The civic space continues to be assessed as narrowed235. Between October 2022 and 
January 2023, three decrees236 have been introduced (dealing with migration and conduct of 
CSOs). Stakeholders noted that these decrees could have or already have a negative effect on 
the work of civil society organisations (CSOs) as they may impose significant fines if some of 
them  are  not  respected,  and  may  restrict  freedom  of  association  and  the  protection  of  civil 
society space as  pointed out  by the Council of Europe237. Moreover, stakeholders report an 

227  Contribution from Civil Liberties Union for Europe, report on Italy, for the 2023 Rule of Law Report p. 15.  
228  Information received from CILD and A buon diritto in the context of the country visit to Italy. 
229  Principles Relating to the Status of National Human Rights Institutions. 
230  Regulation (EU) 2016/679 of The European Parliament and of the Council of 27 April 2016 on the protection 
of natural persons with regard to the processing of personal data and on the free movement of such data, and 
repealing Directive 95/46/EC (General Data Protection Regulation). 

231  The DPA’s independence, as well as its tasks and powers deriving from the GDPR are fully preserved; the 
staff dealing primarily with data protection has the necessary specialised expertise in this field; the DPA has 
been given adequate resources to carry out its additional competences so that there is no impediment to the 
efficient completion of its work in the data protection field. 

232  Information received from the Government.  
233  The Authority is given legislative initiative, advisory, impulse and monitoring powers, as well as jurisdictional 
link: 

powers  over  human 
http://documenti.camera.it/leg19/pdl/pdf/leg.19.pdl.camera.580.19PDL0 010990.pdf. 

rights  violations.  This 

text  can  be 

found  at 

following 

the 

234  Contribution from OHCHR on Italy for the 2023 Rule of Law Report, p. 2 
235  See the rating given by CIVICUS, lastly updated on 31 January 2023. Ratings are on a five-category scale 

defined as: open, narrowed, obstructed, repressed and closed. 

236  Decree aimed at limiting the search and rescue activities of humanitarian ships of NGOs; Decree introducing 
urgent provisions for the management of migratory flows; Decree introducing a compulsory code of conduct 
for  NGOs;  a  fourth  decree,  the  so-called  “Rave  Decree”,  introduced  limits  to  illegal  rave  parties.  It  was 
amended before  being confirmed  as a law on  30 December 2022, The changes clarifying  the  scope of the 
provisions with the aim not to affect the right to freedom of assembly. Information received from CILD, A 
buon diritto and Associazione per gli Studi Giuridici sull'Immigrazione in the context of the country visit to 
Italy. See also contribution from Civil Liberties Union for Europe, report on Italy, for the 2023 Rule of Law 
Report p. 17. 

237  Information received from CILD, A buon diritto and Associazione per gli Studi Giuridici sull'Immigrazione in 
the context of the country visit to Italy. See Expert Council on NGO Law, Opinion on the Compatibility with 

27 

 
                                                           
increase in rhetorical attacks against CSOs and media, in particular against humanitarian CSOs 
working  on  migration  issues,  including  smear  campaigns  against  their  work238.  In  its  2022 
concluding  observations  the  UN  Committee  on  Economic,  Social  and  Cultural  Rights 
expressed its concerns about repeated allegations of harassment, physical threats and verbal 
attacks  by  politicians  and  the  press  on  human  rights  defenders  and  journalists  defending 
economic, social and cultural rights, particularly in the context of the protection of refugees239. 
At the same time, positive amendments to the rules of tax and financial concessions for CSOs 
have  been  adopted240.  These  amendments  introduced  several  measures  simplifying  the  tax 
regime applied to CSOs. More specifically, the amendments provided clarifications related to 
the application of criteria to establish when an activity is carried out in a commercial or non-
commercial  manner241.  The  amendments  also  clarified  that  CSOs  and  volunteering 
organisations can obtain an income exemption for real estate used for carrying out their general 
interest activities242.  

European Standards Of Italian Decree Law No. 1 Of 2 January 2023 on the Management of Migratory Flows 
Prepared by the Expert Council on NGO Law of the Conference of INGOs of the Council of Europe. Three of 
the four Decrees are containing provisions related to the work of CSOs dealing with migration, search and 
rescue operations. Some of the decrees envisage fines up to EUR 50 000. 

238  Written contribution from CILD in the context of the country visit to Italy, p. 1. 
239  Contribution from OHCHR on Italy for the 2023 Rule of Law Report, p. 2. 
240  Law-Decree No. 73 of 21 June 2022 on “Urgent measures on tax simplifications” was approved. The Law-

Decree was converted with amendments into Law No. 122 of 4 August 2022. 

241  Franet (2023), Country research - Legal environment and space of civil society organisations in supporting 
fundamental rights – Italy, p. 4. This is a tax definition of crucial importance for civil-society organisations 
since it also affects the choices related to the legal status to be assumed and the subsequent applicable tax 
regime. As a general rule, an activity of general interest is non-commercial if it is carried out in substantial 
economic break-even, taking into account the comparison between the consideration received and the costs 
incurred, also considering the possibility of achieving a profit margin that, within certain limits, would in any 
case remain non-taxable. 

242  Franet (2023), Country research - Legal environment and space of civil society organisations in supporting 

fundamental rights – Italy, p. 5. 

28 

 
                                                           
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2023 Rule of Law report 
can 
https://commission.europa.eu/publications/2023-rule-law-report-targeted-
stakeholder-consultation_en. 

found 

be 

at 

AGCOM  (2022),  Relazione  Annuale  2022  sull’attività  svolta  e  sui  programmi  di  lavoro, 
https://www.agcom.it/documents/10179/27251843/Documento+generico+29-07-2022/c049d0cb-
a8ae-4a07-8eb5-7389dd61c288?version=1.0.  

Article 19 Europe (2022), Italy: Improving protections for freedom of expression and information (Italy: 
Improving protections for freedom of expression and information - ARTICLE 19).  

Article 19 Europe (2022),The need to strengthen the protection of the right to freedom of expression 
and information through legal reforms in Italy – Legal briefing (Italy-brief_final_updated-December-
2022.pdf (article19.org) ). 

Centre for Media Pluralism and Media Freedom (2022), Media pluralism monitor 2022 – country report 
on Italy. 

Centre for Media Pluralism and Media Freedom (2023), Media pluralism monitor 2023 – country report 
on Italy. 

CEPEJ (2022), Study on the functioning of the judicial systems in the EU Member States. 

Chamber of Deputies (2022), Stenographic Report of the Committee of Justice of 7 December 2022. 

Chamber of Deputies, (2023), Meeting of the Permanent Commission for Constitutional Affairs in the 
Parliament of 2 February 2023. 

Chamber of Deputies, Documentation and Research Service (2023), Rules on interest representation, 
No. 25, 23 March 2023. 

Chamber of Deputies (2023), Bulletin of Parliamentary Committees, Justice Committee, of 29 March 
2023. 

CILD (2023), Written contribution from the CILD in the context of the country visit. 

Civicus, Monitor tracking civic space – Italy https://monitor.civicus.org/country/italy/.  

Civil Liberties Union for Europe (2023), Contribution from Civil Liberties Union for Europe on Italy 
for the 2023 Rule of Law. 

Council  of  Europe:  Committee  of  Ministers  (2010),  Recommendation  CM/Rec(2010)12  of  the 
Committee of Ministers to member states on judges: independence, efficiency and responsibilities. 

Council of Europe: Venice Commission (2016), The Rule of Law Checklist. 

Council of State (2023), Written contribution from the Council of State in the context of the country 
visit. 

Court of Auditors (2023), Written contribution from the Court of Auditors in the context of the country 
visit. 

Court  of  Auditors  (2023),  ‘Written  contribution  on  Government  Act  No.  19  on  Public  Contracts’ 
(Contributo  scritto  su  atto  governo  n.  19  codice  dei  contratti  pubblici),  February  2023, 
https://www.corteconti.it/Download?id=caf9b756-0e99-49a6-b4c4-8271a26ebb79. 

Court of Cassation (2023), Written contribution from the Court of Cassation in the context of the country 
visit.  

Court  of  Justice  of  the  European  Union,  Judgment  of  15  July  2021,  Commission  v  Poland,  Case 
C‑791/19, ECLI:EU:C:2021:596. 

29 

 
Court  of  Justice  of  the  European  Union,  Judgment  of  19  November  2019,  A.K.  v  Krajowa  Rada 
Sądownictwa, Joined Cases C‑585/18, C‑624/18 and C‑625/18, ECLI:EU:C:2019:982, 

Dipartimento  della  Pubblica  sicurezza  (2023),  Atti  intimidatori  nei  confronti  di  giornalisti  –  primo 
trimestre 2023 (report_i_trimestre_2023_230509_130116.pdf (interno.gov.it) ). 

Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law. 

Directorate-General  for  Communication  (2023),  Flash  Eurobarometer  524  on  Businesses’  attitudes 
towards corruption in the EU. 

Directorate-General for Communication (2023), Special Eurobarometer 534 on Corruption. 

Domani (2023), ‘Abuse of office works. Deleting it is a mistake, it will give the green light to the fixers.’ 
(“L’abuso  d’ufficio  funziona.  Cancellarlo  è  un  errore,  darà  il  via  libera  ai  faccendieri”) 
https://www.editorialedomani.it/giustizia/paolo-ielo-labuso-dufficio-funziona-cancellarlo-e-un-errore-
dara-il-via-libera-ai-faccendieri-e5ke0516. 

European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation 
in Italy. 

European Commission (2022), 2022 Rule of Law Report, Country Chapter on the rule of law situation 
in Italy. 

European  Commission  (2022),  Flash  Eurobarometer:  Media  &  News  Survey  2022  –  Country 
Factsheets Italy. 

European Federation of Journalists (2023), Contribution from the European Federation of Journalists 
for the 2023 Rule of Law Report. 

European Commission (2023), EU Justice Scoreboard. 

European Court of Human Rights, judgment of 2 September 1997, Abenavoli v. Italy, 24487/94. 

European Court of Human Rights, judgment of 12 May 1999, Ledonne v Italy, 35742/97. 

European Implementation Network (2023), Contribution from the European Implementation Network 
for the 2023 Rule of Law Report. 

European Public Prosecutor’s Office (2023), Annual Report 2022. 

European Public Prosecutor’s Office (2023), Input to the 2023 Rule of Law Report. 

Federazione  nazionale  stampa  italiana  (2023),  Contribution  from  Federazione  nazionale  stampa 
italiana on Italy for the 2023 Rule of Law.  

FOIA  Centro  nazionale  di  competenza  (2021),  Monitoraggio  sull’attuazione  del  FOIA  nel  2020 
(https://foia.gov.it/fileadmin/Osservatorio/monitoraggio/documenti/Monitoraggio_FOIA_presso_i_Mi
nisteri_2020_SLIDES.pdf ). 

Franet  Fondazione  “Giacomo  Brodolini”  (2023),  Country  research  –  An  update  on  developments 
regarding civic space in the EU and an overview of the possibilities for human rights defenders to enter 
EU territory– Italy, Vienna, EU Agency for Fundamental Rights.  

GRECO (2019), Third Evaluation Round – Second Addendum to the Second Compliance Report on 
Italy on incriminations and transparency of party funding. 

GRECO  (2021),  Fourth  Evaluation  Round  –  Second  Compliance  Report  on  Italy  on  corruption 
prevention in respect of members of parliament, judges and prosecutors. 

GRECO (2022) Fourth Evaluation Round, Addendum to the Second Compliance Report on Italy. 

Guardia di Finanza (2023), Written contribution from Guardia di Finanza in the context of the country 
visit. 

30 

 
High Council for the Judiciary (Consiglio Superiore della Magistratura - CSM (2023), Press release of 
18-19 September 2022, with updates until 19 January 2023.  

High  Council  for  the  Judiciary  (Consiglio  Superiore  della  Magistratura  -  CSM)  (2022),  Written 
contribution from the High Council for the Judiciary (Consiglio Superiore della Magistratura - CSM) 
in the context of the country visit. 

High Court of Cassation (2023), 2023 Report of the First President. 

Il Fatto Quotidiano (2023), '”There is a strong risk that suspects will flee if they have to be notified of 
the  arrest.  Away  with  abuse  of  office?  It  will  be  the  Wild  West.”  Magistrates  against  the  “Nordio 
reform”  (‘Forte  rischio  che  gli  indagati  fuggano  se  bisogna  avvisarli  dell’arresto.  Via  l’abuso 
d’ufficio? Sarà il Far West”. Toghe contro la riforma Nordio’).  

Il  Fatto  Quotidiano  (2023),  ‘Less  interceptions,  revision  of  abuse  of  office  and  Severino:  without 
controls  the  new  Procurement  Code  encourages  corruption’  (‘Meno  intercettazioni,  revisione 
dell’abuso d’ufficio e della Severino: senza controlli il nuovo Codice appalti incentiva la corruzione’) 
https://www.ilfattoquotidiano.it/2023/03/30/meno-intercettazioni-revisione-dellabuso-dufficio-e-
della-severino-senza-controlli-il-nuovo-codice-appalti-incentiva-la-corruzione/7114786/. 

International Press Institute (2021), Wiretapping of journalists in Italy must be thoroughly investigated 
(Wiretapping  of  journalists  in  Italy  must  be  thoroughly  investigated  -  International  Press  Institute 
(ipi.media) ). 

International Press Institute (2022), Italy: New government must improve legal framework for media 
freedom (Italy: New government must improve legal framework for media freedom - International Press 
Institute (ipi.media) ). 

International  Press  Institute  (2023),  Italy:  Prosecutor  issues  seizure  order  for  article  published  by 
newspaper Domani (Italy: Prosecutor issues seizure order for article published by newspaper Domani 
- International Press Institute (ipi.media) ). 

Italian Digital Media Observatory (2022), Media Literacy Versus Fake News. Esperienze e best practice 
in Italia (Microsoft Word - D 5.1 Ricerca Media Literacy_FINAL.docx (idmo.it) ) 

Italian Government (2023), Input from Italy for the 2023 Rule of Law Report. 

Judgment of the Constitutional Court of 22 June 2021, No. 150/2021. 

La Repubblica (2023), ‘Procurement, League against Busia: "Serious sentences against the mayors, he 
can  no  longer lead the  ANAC".  He  replies:  "To  me  they  are  heroes" (‘Appalti, Lega  contro  Busia: 
"Frasi  gravi  contro  i  sindaci,  non  può  più  guidare  l'Anac".  Lui  risponde:  "Per  me  sono  eroi”’) 
https://www.repubblica.it/politica/2023/03/30/news/lega_locatelli_dichiarazioni_busia_anac_dimissio
ni-394244683/?ref=RHLF-BG-I394244278-P1-S1-T1.  

La  Repubblica 
(‘Giustizia, 
https://www.repubblica.it/commenti/2023/06/12/news/abuso_dufficio_giustizia_nordio-404105457/ 

the  offence  of  abuse  of  office 
il 

‘Justice,  why 
serve 

is  needed’  
d’ufficio’) 

(2023), 
perché 

abuso 

reato 

di 

Libera (2022), ‘Statements by Minister Nordio on corruption’ (‘Dichiarazioni del Ministro Nordio sulla 
corruzione’) Dichiarazioni del Ministro Nordio sulla corruzione (libera.it). 

Libera  (2023),  ‘Procurement  Code.  Free,  Public  Notice,  Legambiente  ignore  our  proposals. 
Oversimplification  implies  the  risk  of  a  significant  increase  in  corruption  and  mafia  infiltration’ 
(‘Codice  Appalti.  Libera,  Avviso  pubblico,  Legambiente  ignorate  le  nostre  proposte.  L'eccessiva 
semplificazione implica il rischio di un sensibile aumento della corruzione e delle infiltrazioni mafiose’) 
Codice Appalti. Libera, Avviso pubblico, Legambiente ignorate le nostr  

Libera (2023), ‘Procurement Code, the proposals of associations against mafia and corruption’ (‘Codice 
appalti, le proposte delle associazioni contro mafia e corruzione’)  Codice appalti, le proposte delle 
associazioni contro mafia e corruzio (libera.it).  

31 

 
Ministry  of  Infrastructure  and  Transport  (2023),  ‘Procurement  Code  approved  by  the  Council  of 
Ministers’  (Codice  appalti  approvato  in  Consiglio  dei  Ministri’),  28  March  2023,  Codice  Appalti 
approvato in Consiglio dei Ministri | mit 

Ministry of Justice (2023), Written contribution from the Ministry of Justice in the context of the country 
visit.  

National Anti-Corruption Authority (2022), ‘Here is the National Anti-Corruption Plan approved by 
Anac’ (‘Ecco il Piano Nazionale Anticorruzione approvato da Anac’) https://www.anticorruzione.it/-
/ecco-il-piano-nazionale-anticorruzione-approvato-da-anac. 

National Anti-Corruption Authority (2023), ‘ANAC's observations in relation to the Government Act 
submitted  to  parliamentary  opinion’  ‘Osservazioni  di  ANAC  in  relazione  all’  Atto  del  Governo 
sottoposto a parere parlamentare’ https://lnkd.in/eVy8NN6Y. 

National  Anti-Corruption Authority  (2023), Written contribution  from  the  National  Anti-Corruption 
Authority in the context of the country visit. 

National Association of Magistrates (2023), Position of 19 April 2023 on the disciplinary proceedings 
against the panel of judges from the Milan Court of Appeal. 

National Association of Magistrates (2023), Press release of 6 and 15 February 2023. 

National  Association  of  Magistrates  (2023),  Written  contribution  from  the  National  Association  of 
Magistrates in the context of the country visit. 

OECD (2022), Implementing the OECD Anti-Bribery Convention, Phase 4 Report for Italy. 

OECD (2022), Better Regulation Practices across the European Union 2022. 

Online platform Dati Bene Comune, www.datibenecomune.it.  

Online platform Partecipa, https://partecipa.gov.it/. 

Osservatorio Balcani e Caucaso Transeuropa and Centro per la Cooperazione Internazionale (2023), 
Contribution  from  Osservatorio  Balcani  e  Caucaso  Transeuropa  and  Centro  per  la  Cooperazione 
Internazionale for the 2023 Rule of Law Report. 

Presidency of the Council of Ministers (2023), Written contribution in the context of the country visit. 

Senate (2022-2023), 2nd Standing Committee (Justice), Reports on the Consultation on the topic of 
interception, https://www.senato.it/3525?indagine=1847  

Supreme  Court  of  Cassation  (2023)  ‘Intervention  by  the  Prosecutor  General  Luigi  Salvato  to  the 
General Assembly of the Court on the administration of justice in 2022’ (‘Intervento del Procuratore 
Generale  Luigi  Salvato  nellʼAssemblea  generale  della  Corte  sulla  amministrazione  della  giustizia 
nell’anno 2022’) Intervento_del_Procuratore_generale_2023.pdf (cortedicassazione.it).  

RAI (2023), Contribution from RAI on Italy for the 2023 Rule of Law. 

Reporters without Borders – Italy (https://rsf.org/en/country/italy). 

The  Good  Lobby  (2022),  ‘Lobbying  law  has  been  approved  and  is  welcomed,  although  with 
shortcomings’  (‘Legge  sul  lobbying:  bene  l’approvazione  ma  è  un  compromesso  al  ribasso’) 
https://www.thegoodlobby.it/comunicato-stampa/legge-sul-lobbying-bene-lapprovazione-ma-e-un-
compromesso-al-ribasso/. 

Transparency 
International 
https://www.transparency.org/en/cpi/2022/index/ita.  

(2023), 

Corruption 

Perceptions 

Index 

2022 

UN OHCHR Regional Office for Europe (2023), Contribution from the UN OHCHR Regional Office 
for Europe for the 2023 Rule of Law Report. 

ANSA.it (2023), ‘Melillo 'Cancelling the abuse of office is a violation of EU obligations' (‘Melillo 'via 
abuso d'ufficio è vulnus a obblighi UE'. 'Mafia condiziona amministrazioni, ma controlli inesistenti'). 

32 

 
Annex II: Country visit to Italy 

The Commission services held virtual meetings in March 2023 with: 

  A buon diritto 
  AGCOM (Media Authority) 
  Associazione Studi Giuridici Immigrazione 
  National Association of Magistrates (ANM) 
  Anti-corruption Agency (ANAC) 
  Anti-corruption Unit of the Guardia di Finanza 
  Anti-mafia and Anti-terrorism National Directorate (DNAA) 
  Articolo 21 
  CILD 
  Constitutional Court (Corte Costituzionale) 
  Council of State (Consiglio di Stato) 
  Court of Auditors and Prosecutor’s Office at the Court of Auditors 
  High Court of Cassation  
  High Council for the Judiciary 
 
 
  Libera 
  Ministry of Interior 
  Ministry of Justice 
  National Press Association and European Union of Journalists  
  Parliament (Senate and Chamber of Deputies) 
  Presidency of the Council of Ministers, Department for European Policies 
  Prosecution Service of the High Court of Cassation 
  Rai Radiotelevisione italiana, Relazioni istituzionali 
  The Good Lobby 
  Transparency International - Italy 

In difesa di 
Italian Bar Association (Consiglio Nazionale Forense)  

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

  ALDA (European Association for Local Democracy) 
  Amnesty International  
  Civil Liberties Union for Europe  
  Civil Society Europe 
  Culture Action Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum  
  European Federation of Journalists  
  European Partnership for Democracy  
  European Youth Forum  
  Free Press Unlimited 
  Front Line Defenders 
 
 
 

ILGA Europe  
International Commission of Jurists 
International Federation for Human Rights (FIDH)  

33 

 
 
International Planned Parenthood Federation European Network 
International Press Institute  

 
 
  JEF Europe  
  Osservatorio Balcani e Caucaso Transeuropa 
  Philea  
  Reporters Without Borders  
  SOLIDAR 
  Transparency International EU 

34