Italy: Draconian new law criminalizing peaceful protest while expanding police powers must be rejected

As the Italian parliament prepares to vote to turn a decree which places unprecedented limitations on the right to protest into law, Amnesty International joins nationwide demonstrations today against the measure. Esther Major, Amnesty International’s Deputy Director for Research in Europe, said:

“Today we are marching to demand that Members of Parliament vote down this repressive piece of legislation. Under Italy’s constitution, decrees should only be used to address extraordinary or urgent situations rather than to circumvent parliamentary scrutiny. The adoption of this decree last April has raised concerns regarding the increasing use of authoritarian practices by the government.

This new legislation would create a hostile environment where people exercising their right to peaceful protest will pay a high price

“This draconian law would introduce new criminal offences such as ‘unlawful occupation of property’ and would unashamedly increase the safeguards for the powerful. It would simultaneously expand police powers and provide for financial support measures for law enforcement officials who are accused of wrong doing.

“This new legislation would create a hostile environment where people exercising their right to peaceful protest will pay a high price. It will enable the further silencing of dissent with environmental activists, people experiencing poverty, migrants and other racialized minorities bearing the brunt of the discriminatory impact of these provisions. It will lead to undue restrictions of rights, including the right to freedom of expression, peaceful assembly, and liberty. Its provisions are not in line with international human rights law and it must be resoundingly rejected.”

Background

Decree-law 48/2025, entitled “Urgent measures regarding public safety, protection of personnel in service, as well as victims of usury and the penitentiary system”, entered into force on 12 April but is set to expire after 60 days if not voted into law. The final vote is expected by 10 June. 

The decision by the government to introduce a decree that was almost identical to a previous bill that was stalled by legislators and criticized by constitutional law experts. UN special rapporteurs raised concerns regarding the non-compliance of many of the decree’s provisions with human rights.

Under the new law, anyone “occupying properties intended as someone else’s residence” could be punished with up to 7 years’ imprisonment (Article 10). Blocking traffic could attract a prison sentence of up to 2 years (Article 14). Some of the provisions will have a disproportionate impact on protesters, who will be criminalized with increased penalties and new aggravating circumstances added to existing offences. Police powers will be expanded and penalties for offences against public officials will be increased.