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The context of the security decree
The recent security decree has sparked a heated debate in Italy, with 257 public lawyers launching a public appeal to highlight its potential violations of constitutional prerogatives. This document, which aims to repress dissent and compress fundamental rights, is considered a dangerous piece in a democracy.
Experts warn that adopting such drastic measures could undermine the very foundations of freedom and justice in the country.
Criticisms of the decree
The signatories of the appeal point out that the decree not only increases criminal sanctions unreasonably, but also does so through excessive use of emergency decrees. This approach, according to public law experts, is inadequate and risks compromising numerous constitutional principles. Among these, the principle of equality, which does not allow detention centers for non-EU foreigners to be equated with prison, nor to confuse passive resistance with acts of revolt.
Concerns about personal freedom
Another critical point raised concerns the so-called urban daspo, which allows the police commissioner to equate convicted and reported persons, thus violating Article 13 of the Constitution, which protects personal freedom. Furthermore, the provision authorizing the police to carry weapons other than the service ones and even off duty is seen as a further step towards greater repression. These measures, according to public law experts, not only undermine trust in institutions, but also create a climate of fear and insecurity among citizens.
The vagueness of the provisions
The provisions of the decree-law, which increase the criminal repression of crimes during public demonstrations, are criticized for their vagueness. This lack of clarity conflicts with the principle of typicality of criminally relevant conduct and violates the constitutional protection granted to freedom of assembly. Public law experts warn that such measures not only limit the right of expression, but also raise questions about the legitimacy of the actions of law enforcement in protest contexts.
An Uncertain Future for Civil Rights
In conclusion, the security decree represents a security twist that puts the emphasis on public order and repression, rather than on the protection of fundamental rights and freedoms. The concerns expressed by public law experts cannot be ignored, as they reflect a growing fear for the direction that Italian legislation on security and civil rights is taking. It is essential that civil society and institutions maintain a high level of attention on these issues, to ensure that democratic principles are respected and protected.