Non-independent RAI, unprotected journalists, and too much government: EU warnings on the rule of law in Italy

Brussels – Little has been done in Italy on the rule of law, and much remains to be done. The EU Commission took its time for electoral reasons. However, its Rule of Law report exposes the limits of a country system for which the current government is held responsible, with limited progress in some areas and absent in others. It accuses politics of attacking the judiciary too much, putting its authority and credibility at risk in the eyes of Italians. “The risk that public statements by governments and politicians could affect public confidence in the independence of the judiciary has raised concerns in Slovakia, Italy, and Spain.”

Also, on the subject of justice, in Italy, a new draft law repealing the offense of abuse of public office and limiting the scope of the crime of trading in influence could lead to lower levels of detecting and
investigating fraud and corruption. In addition, proposed changes to the statute of limitations could reduce the time available to conduct proceedings for criminal offenses, including corruption cases.

In the Commission’s report, justice issues end up intertwined with freedom of the press. In Italy, rules governing the disclosure of judicial information in criminal proceedings are a source concern. It rejects the ban on publishing the content of wiretaps, which becomes a censure by the government and the  ruling coalition, accused of not protecting the press as they should.

“No further progress” on the reform and introduction of 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. The passage on defamation is another frontal attack on the government, against which the Council of Europe had already lashed out. The executive continues to denounce journalists, effectively forcing them into silence. 

There is also the public service issue. While the Country Report drafted by the staff does not mention TeleMeloni, it speaks of RAI. “The effectiveness of the governance system in securing RAI’s full independence represents a long-standing source of concern in Italy,” according to the report. In this regard, there is a need for a “comprehensive reform to ensure that RAI is better shielded from risks of political interference” and to “guarantee its independence.”

On the political and institutional front, there is concern about how legislation is approved in Italy, where government is seen undermining Parliament. In Italy, the report says, there is no shortage of “concerns about the considerable use of accelerated legislative procedures or emergency decrees.” The picture emerging from the report, of a judiciary constantly attacked and Parliament without its legislative power, is not a model for the rule of law. The reform to change how the prime minister is nominated on which the current majority is working would not make it better. On the contrary, the changes envisioned by the Meloni government bring with them doubts about the actual greater political stability and institutional checks-and-balance systems.