The enactment of the Italian Security Bill (Decreto Sicurezza), formalized through Decree-Law No. 48 of 11 April 2025 and later converted into Law No. 80 of 9 June 2025, represents a critical juncture in the interplay between public security, criminal policy, and fundamental freedoms. Framed by the government as a necessary response to growing concerns over public order and institutional integrity, the law introduces far-reaching changes to the criminal code and administrative powers. These measures, while presented under the guise of enhancing safety and efficiency, have triggered significant debate within legal circles, civil society, and international human rights institutions regarding their compatibility with constitutional guarantees and European human rights standards.
This policy paper seeks to examine the Security Bill in light of Italy’s constitutional framework and its obligations under the European Convention on Human Rights. Particular attention is devoted to the principles of legality, proportionality, and judicial oversight, as well as to the broader implications for democratic participation and the right to dissent. Through a critical review of national jurisprudence, official reports, and case-law from the European Court of Human Rights, this analysis highlights the systemic risks posed by the expanding resort to penal instruments and emergency legislation in managing social and political conflict.
By contextualizing these developments within broader European trends, this paper aims to contribute to an informed dialogue on the balance between security imperatives and fundamental rights, underscoring the urgent need for vigilance in preserving democratic norms in the face of securitarian drift.
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