Security, the unnecessary urgency of a decree that criminalises social distress

The Chamber of Deputies and the Senate are discussing two bills: bill 1407 Provisions for worker participation in the management, capital and profits of companies, already approved by the Chamber of Deputies, and bill 2329-A Urgent provisions to combat irregular immigration, which has already been a source of conflict between the majority and the opposition and which sees associations committed to protecting the rights of migrants opposed.
The in-depth analysis I am proposing this week is on bill 2355 “ Urgent provisions on public safety” under discussion in the Chamber of Deputies in the Institutional Affairs Committee.
A rather bumpy and not at all linear path: a bill approved by Parliament after a discussion that lasted months, which is withdrawn and re-proposed as a decree law without - in my opinion - the requirements of necessity and urgency provided for by the Constitution.
But let's get into the merits of the new decree: there are 39 articles that under the umbrella of "public safety" cover almost everything : from the possession of material for the commission of acts of terrorism to changes to the anti-mafia code, from new rules for confiscated goods to the regulation of pyrotechnic articles, from scams against the elderly to the fight against arbitrary occupation of buildings.
But there are some new rules that are causing concern: 14 new control crimes and more than ten aggravating circumstances for already existing cases. New crimes that risk criminalizing conditions of social hardship or demonstrations of protest and peaceful protest : sit-ins and roadblocks carried out by several people together; the revocation of Italian citizenship in the event of a definitive conviction for terrorism crimes.
And again, the increase in penalties for the arbitrary occupation of a property and the optional and no longer mandatory postponement of execution for pregnant women or mothers of children under one year of age; aggravating penalties in the case of threats and resistance to a judicial police officer or public safety officer ; increase in administrative sanctions in the case of failure to comply with the obligation to stop by the traffic police which, if repeated, involves the withdrawal of the license; penalties from 2 to 8 years for the crime of incitement to disobey the laws if the act occurs inside penitentiary institutions; the same for episodes of violent protests including those of passive resistance inside detention centers for illegal aliens; closure of the business or activity in the case of selling SIM cards without observing the customer identification obligations.
The impression is that behind the public safety passe-partout, in addition to the fact that statistics do not report particular security needs in the areas covered by the decree (are roadblocks, pickpocketing of pregnant mothers, occupation of houses, peaceful protests inside prisons, to name a few, really a security emergency?), they want to pass off a vision of society under the banner of control and repression even of protests and social protests .
Public opinion is deluded into thinking that penal intervention makes communities safer and freer. But more penal law and more prison do not equal more security , as those involved in policies to combat poverty and marginalization know.
You solve the housing problem with housing policies that unfortunately have been lacking for decades, you eliminate even peaceful protests inside prisons if you reduce overcrowding, you solve the explosive situation of the (shameful) reception centers for migrants with immigration policies worthy of the name, you do not combat drug addiction by putting obstacles in the hemp cultivation chain; you do not eliminate pickpocketing of pregnant mothers by increasing penalties but with social policies of contrast and taking charge.
But you know, an increase in penalties and aggravating circumstances does not cost much, they are easy to propose and to communicate. In reality they do have an effect: they increase the prison population beyond belief.
Last note: emergency decrees in criminal matters should have a very limited space, really urgent, because touching the penal code means touching democracy and freedoms , even of honest people who are the vast majority. And this is a task that falls only to Parliament, with the right timing and a serious discussion between all political forces, and with the involvement of civil society as well.
Below, as usual, you will find a selection of bills included in the convocations of the Parliamentary Commissions, of possible interest for social welfare and the third sector.
Institutional affairs bill 2362 Urgent provisions for the electoral and referendum consultations of the year 2025. bill 1432 Urgent provisions on citizenship. bills 2 , 21 , 131 and 918 Rules on the attribution of the surname to children. bill 787 Exercise of the right to vote in a municipality located in a region other than that of residence, approved by the Chamber of Deputies. bill 57 , bill 203 , bill 313 , bill 367 , bill 417 , bill 443 , bill 459 , bill 490 and bill 556 Provisions on the direct election of provincial presidents, metropolitan mayors and mayors.
Social and third sector bill 1693 2151 2279 Amendment to Article 609-bis of the Criminal Code on sexual violence and free expression of consent. bill 2329-A Urgent provisions to combat irregular immigration. bill 1704 Provisions on the allocation of proceeds from the sale of products. bill 1433 Femicide and combating violence against women. bill 832 Provisions on shared custody. bill 28 Fund for the support and development of the educational community. bill 858 Provisions on activities organized by pro loco associations. bill 992 Implementation of Article 33 of the Constitution on sports activities. bill 972 , 1145 and 1167 Reduction of food waste. bill 1120 Provisions on popular participation in the ownership of shares and quotas of sports clubs, approved by the Chamber of Deputies.
Health and wellbeing ddl 1298 Provisions concerning the financing, organization and functioning of the National Health Service and delegation to the Government for the reorganization of tax breaks relating to complementary health care. ddl 2365 Provisions on health matters, approved by the Senate. ddl 1208 2095 2220 Provisions on digital therapies. ddl 946 Reorganization and strengthening of health services in the rheumatology field. ddl 1179 Provisions on mental health protection. ddl 483 Protection of people affected by chronic-degenerative eye diseases. ddl 946 – 246 – 400 – 485 – 546 – 594 – 601 – 603 – 1023 – 1356 – 1423 Provisions for the recognition of fibromyalgia as a disabling disease. ddl 898 – 122 – 269 – 410 Provisions for the protection of people affected by epilepsy.
Economy and Work Bill 2316 Provisions and delegations to the Government on artificial intelligence, approved by the Senate. Act no. 266 Draft ministerial decree for the identification of events to be combined with national lotteries to be held in the year 2025.ddl 89 – 257 – 671 – 813 Harassment in the workplace.ddl 1415 Space economy, approved by the Chamber of Deputies.ddl 647 Job placement of people with autism spectrum disorders.ddl 672 Simplifications in the field of work and social legislation.ddl 1043 Fundamental safety standards relating to protection against dangers arising from exposure to ionising radiation.ddl 1066 Standards for the development and adoption of artificial intelligence technologies.ddl 1101 Workplace safety and protection of victims of asbestos and occupational cancers.ddl 1430 Permits for workers suffering from oncological, disabling and chronic diseases, approved by the Chamber of Deputies.ddl 957 956 – 1237 Provisions on minimum wage.ddl 1101 Workplace safety in schools and protection of asbestos victims.
Foreign Affairs and Europe ddl 1042 Provisions on health care for citizens registered in the Registry of Italians Resident Abroad residing in countries that do not belong to the European Union (EU) and do not adhere to the European Free Trade Association (EFTA).Doc. LXVII n. 3 Report on operations authorized and carried out for the control of export, import and transit of military materials, relating to the year 2024.
Culture bill 2221 Provision for the promotion of amateur popular music. bill 2313 Provisions on the drafting of the Memory Map for knowledge of prison, internment and concentration camps in Italy, as well as on the promotion of journeys into history and memory at the camps themselves. bill 568 Promotion and protection of dance.
Territory and environment bills 1308 11 , 587 , 984 , 1398 and 1405 Crimes against animals. bill 1372 Delegation to the Government for the revision of the cultural heritage and landscape code regarding landscape authorization procedures. bill 29 , bill 42 , bill 761 , bill 863 , bill 903 , bill 1028 , bill 1122 and bill 1131 Urban regeneration.AG 260 Supplementary and corrective provisions to Legislative Decree 23 February 2023, no. 18, implementing the directive (EU) concerning the quality of water intended for human consumption.
Education and Childhood bill 1445 Provisions for the implementation of the PNRR and the start of the 2025/2026 school year. bill 492 Musically oriented nursery schools. bill 1136 Protection of minors in the digital dimension. bill 180 and bill 1041 Students with high cognitive potential. bill 236 , bill 793 and bill 1141 Assistant for autonomy and communication in school staff roles.
In the opening image from left, ministers Matteo Piantedosi and Carlo Nordio – photo Mauro Scrobogna / LaPresse
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- safety
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