The Council of Ministers has approved the latest justice decree, but two highly debated provisions were excluded.
The exclusions include a controversial “gag” on magistrates and the proposed expansion of powers for the National Anti-Mafia and Anti-Terrorism Prosecutor to initiate and coordinate cybercrime investigations.
Key Changes Introduced
The justice decree does include measures aimed at enhancing public safety and administrative efficiency:
- Electronic Bracelet for Gender-Based Violence: Provisions have been strengthened to increase the effectiveness of electronic monitoring for individuals accused of violence against women.
- Prison Construction Authority: The extraordinary commissioner for prison construction is now authorised to approve projects for new penal institutions without requiring agreement from regional presidents. This simplifies procedures previously subject to local approval.
Internal Disputes Delay Cybercrime Reforms
Tensions within the governing coalition have led to the removal of two previously announced measures for the third time in recent weeks.
One such measure would have initiated disciplinary action against magistrates failing to recuse themselves from cases involving “serious reasons of convenience.” The National Magistrates Association (ANM) welcomed its removal, with Secretary Salvatore Casciaro stating it was poorly drafted and risked penalising magistrates for providing professional opinions on legal reforms.
Another measure, to centralise cybercrime investigations under the National Anti-Mafia Prosecutor’s Office, faced resistance from Forza Italia, a key coalition partner. While assurances were given last week that a compromise had been reached, disagreements remain unresolved.
Ongoing Debate
Undersecretary Alfredo Mantovano had previously downplayed the controversy, describing the cybercrime coordination proposal as “a simple matter of alignment” with existing reforms under Law 90. However, the continued absence of consensus highlights lingering divisions within the coalition.
Forza Italia’s reservations regarding the Anti-Mafia Prosecutor’s expanded role remain a sticking point, with technical discussions failing to resolve all outstanding issues. As the decree moves forward, the government will likely need to revisit these contentious areas to secure broader support.
