Quality of Democracy
#21Key Findings
With a number of strengths and weaknesses, Italy falls into the middle ranks (rank 22) in terms of the quality of democracy. Its overall score on this measure has improved by 0.4 points relative to 2014.
A party-financing system based on citizens’ voluntary contributions to parties as a part of their income tax has proved largely unsuccessful. Private donations are not fully transparent, and cases of abuse or fraud have emerged in almost all parties. A recent reform opened the door to increased government influence over the public broadcaster, but recent appointments have been merit-based.
Immigrants are not accorded strong legal protections, particularly if they are illegal. A law imposing strict restrictions on demonstrations has been softened. During the pandemic, the government adopted only limited restrictions on the right to assemble.
Gender balance in the corporate sector is a concern. The pandemic led to introduction of many rules and regulations that are confusing for authorities and citizens. Anti-corruption efforts have been strengthened, but corruption remains a serious problem, in part due to opportunities opened by regulatory complexity.
A party-financing system based on citizens’ voluntary contributions to parties as a part of their income tax has proved largely unsuccessful. Private donations are not fully transparent, and cases of abuse or fraud have emerged in almost all parties. A recent reform opened the door to increased government influence over the public broadcaster, but recent appointments have been merit-based.
Immigrants are not accorded strong legal protections, particularly if they are illegal. A law imposing strict restrictions on demonstrations has been softened. During the pandemic, the government adopted only limited restrictions on the right to assemble.
Gender balance in the corporate sector is a concern. The pandemic led to introduction of many rules and regulations that are confusing for authorities and citizens. Anti-corruption efforts have been strengthened, but corruption remains a serious problem, in part due to opportunities opened by regulatory complexity.
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How fair are procedures for registering candidates and parties?
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Legal regulations provide for a fair registration procedure for all elections; candidates and parties are not discriminated against.
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A few restrictions on election procedures discriminate against a small number of candidates and parties.
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Some unreasonable restrictions on election procedures exist that discriminate against many candidates and parties.
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Discriminating registration procedures for elections are widespread and prevent a large number of potential candidates or parties from participating.
The registration procedure is fair and no unreasonable exclusion exists. In order to present a list of candidates, new parties without parliamentary representation have to collect between 400 and 1,500 signatures, depending on the size of the electoral district. Parties already represented in parliament are exonerated from this duty.
The age to qualify for local political office is the age of maturity (18 years); for the Chamber of Deputies, it is 25 years; and for the Senate, it is 40 years.
The number of signatures requested for registration of parties creates some obstacles to new and small parties, but similar small obstacles are accepted in many democracies to avoid non-serious candidacies. The validity of the process is controlled by independent judicial offices. From time to time there have been disputes over the validity of some of the signatures collected by the largest parties. The procedures for selecting candidates vary from party to party, but the use of primaries is increasing, especially among center-left parties, making them more open and democratic.
The age to qualify for local political office is the age of maturity (18 years); for the Chamber of Deputies, it is 25 years; and for the Senate, it is 40 years.
The number of signatures requested for registration of parties creates some obstacles to new and small parties, but similar small obstacles are accepted in many democracies to avoid non-serious candidacies. The validity of the process is controlled by independent judicial offices. From time to time there have been disputes over the validity of some of the signatures collected by the largest parties. The procedures for selecting candidates vary from party to party, but the use of primaries is increasing, especially among center-left parties, making them more open and democratic.
To what extent do candidates and parties have fair access to the media and other means of communication?
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All candidates and parties have equal opportunities of access to the media and other means of communication. All major media outlets provide a fair and balanced coverage of the range of different political positions.
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Candidates and parties have largely equal opportunities of access to the media and other means of communication. The major media outlets provide a fair and balanced coverage of different political positions.
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Candidates and parties often do not have equal opportunities of access to the media and other means of communication. While the major media outlets represent a partisan political bias, the media system as a whole provides fair coverage of different political positions.
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Candidates and parties lack equal opportunities of access to the media and other means of communications. The major media outlets are biased in favor of certain political groups or views and discriminate against others.
A significant portion of television channels are still owned by a single political leader, Silvio Berlusconi, and demonstrate a special favor toward him and his party. Overall, however, the media offers a reasonably fair treatment of all political candidates. The most important national newspapers and privately owned television broadcasters offer fairly equal access to all positions. State television maintains a generally neutral position.
Access to television by parties and candidates is regulated by a law (Law 28/2000) that provides for equal time for each party during electoral campaigns. An independent oversight authority (Autorità per le Garanzie nelle Comunicazioni) ensures that the rules are followed and has the power to levy penalties for violations. This power is effectively used. The public television service is controlled by a parliamentary committee, which reflects the composition of the whole parliament. Although the government in office typically attracts more airtime than the opposition, the treatment of the different parties by the public broadcaster is fairly balanced overall. In the print sector, the large variety of newspapers both with and without a clear political orientation provides sufficiently balanced coverage of all positions.
As the role of electronic (internet) and social media in political contests continues to grow, politicians and parties can rely increasingly on these new forms of media to reach citizens and voters more directly. This fact makes political players more independent from large media groups and public media.
Access to television by parties and candidates is regulated by a law (Law 28/2000) that provides for equal time for each party during electoral campaigns. An independent oversight authority (Autorità per le Garanzie nelle Comunicazioni) ensures that the rules are followed and has the power to levy penalties for violations. This power is effectively used. The public television service is controlled by a parliamentary committee, which reflects the composition of the whole parliament. Although the government in office typically attracts more airtime than the opposition, the treatment of the different parties by the public broadcaster is fairly balanced overall. In the print sector, the large variety of newspapers both with and without a clear political orientation provides sufficiently balanced coverage of all positions.
As the role of electronic (internet) and social media in political contests continues to grow, politicians and parties can rely increasingly on these new forms of media to reach citizens and voters more directly. This fact makes political players more independent from large media groups and public media.
To what extent do all citizens have the opportunity to exercise their right of participation in national elections?
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All adult citizens can participate in national elections. All eligible voters are registered if they wish to be. There are no discriminations observable in the exercise of the right to vote. There are no disincentives to voting.
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The procedures for the registration of voters and voting are for the most part effective, impartial and nondiscriminatory. Citizens can appeal to courts if they feel being discriminated. Disincentives to voting generally do not constitute genuine obstacles.
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While the procedures for the registration of voters and voting are de jure non-discriminatory, isolated cases of discrimination occur in practice. For some citizens, disincentives to voting constitute significant obstacles.
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The procedures for the registration of voters or voting have systemic discriminatory effects. De facto, a substantial number of adult citizens are excluded from national elections.
The registration of citizens for electoral purposes is done automatically by municipal offices and there are no significant problems with this procedure.
All citizens are notified via mail at home of their voting rights and supplied with the relevant information. Citizens are entitled to appeal to independent judicial bodies if they are mistakenly excluded from registration. Citizens living abroad are also entitled to vote. Italian citizens residing abroad must enroll in a special register and can choose to vote in Italy or to vote by mail. Four special electoral districts exist for different parts of the world. There are no significant complaints about the process.
Polling stations are very numerous and typically very near to places of residence. National elections take place on two consecutive days, which increases the opportunities for working people to vote. Turnout has diminished significantly in recent years but is still among the highest in Europe.
All citizens are notified via mail at home of their voting rights and supplied with the relevant information. Citizens are entitled to appeal to independent judicial bodies if they are mistakenly excluded from registration. Citizens living abroad are also entitled to vote. Italian citizens residing abroad must enroll in a special register and can choose to vote in Italy or to vote by mail. Four special electoral districts exist for different parts of the world. There are no significant complaints about the process.
Polling stations are very numerous and typically very near to places of residence. National elections take place on two consecutive days, which increases the opportunities for working people to vote. Turnout has diminished significantly in recent years but is still among the highest in Europe.
To what extent is private and public party financing and electoral campaign financing transparent, effectively monitored and in case of infringement of rules subject to proportionate and dissuasive sanction?
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The state enforces that donations to political parties are made public and provides for independent monitoring to that respect. Effective measures to prevent evasion are effectively in place and infringements subject to effective, proportionate and dissuasive sanctions.
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The state enforces that donations to political parties are made public and provides for independent monitoring. Although infringements are subject to proportionate sanctions, some, although few, loopholes and options for circumvention still exist.
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The state provides that donations to political parties shall be published. Party financing is subject to some degree of independent monitoring but monitoring either proves regularly ineffective or proportionate sanctions in case of infringement do not follow.
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The rules for party and campaign financing do not effectively enforce the obligation to make the donations public. Party and campaign financing is neither monitored independently nor, in case of infringements, subject to proportionate sanctions.
State financing was regulated until February 2014 by a 1993 law (Legge del 10 December 1993 no. 515) and was monitored by an independent judiciary organ – the Court of Accounts (Corte dei Conti) – which checked the accounts provided by parties and could levy penalties for infringements.
A new reform (Law 21 February 2014, no. 13) has significantly reduced public financing for parties. It has introduced a new regime of fiscal exemptions for private contributions and created a new oversight institution, the “Commissione di garanzia degli statuti e per la trasparenza e il controllo dei rendiconti dei partiti politici,” whose members are nominated by judicial bodies. The new system only became fully effective in 2017. The main financial source should be the “due per mille” policy, which enables citizens to nominate a political party to receive 0.2% of their income tax. So far, this system has proven highly unsuccessful. In 2015, only 1.1 million out of 41 million people who paid income tax (2.7%) exercised this option. This number slightly rose to 1.3 million in 2020, a sign that Italians’ sympathy for political parties has not significantly increased. A total of approximately €15 million was disbursed to parties from this source (Open Polis 2022). The volume of private donations is also very low despite tax advantages, consisting mostly of contributions of their parliamentary salaries by members of parliament. An important source of party funding are the resources distributed by the two chambers to parliamentary groups, totaling approximately €50,000 for each member of parliament. A portion of these funds are transferred to the party organizations.
Existing rules governing the public and private financing of parties, as well as the current system of enforcement, do not produce a fully transparent system. The degree of transparency given to private contributions is largely left to the parties, and in many cases is minimal. In recent years, cases of individual or institutional abuse, or even fraud associated with the public party funding, have emerged in almost all of the political parties.
Citations:
https://www1.finanze.gov.it/finanze3/2xmille/index.php?tree=2018AADUEXM0101
Open Polis report: https://www.openpolis.it/come-sta-andando-il-2x1000-ai-partiti/ (accessed 11 January 2022)
A new reform (Law 21 February 2014, no. 13) has significantly reduced public financing for parties. It has introduced a new regime of fiscal exemptions for private contributions and created a new oversight institution, the “Commissione di garanzia degli statuti e per la trasparenza e il controllo dei rendiconti dei partiti politici,” whose members are nominated by judicial bodies. The new system only became fully effective in 2017. The main financial source should be the “due per mille” policy, which enables citizens to nominate a political party to receive 0.2% of their income tax. So far, this system has proven highly unsuccessful. In 2015, only 1.1 million out of 41 million people who paid income tax (2.7%) exercised this option. This number slightly rose to 1.3 million in 2020, a sign that Italians’ sympathy for political parties has not significantly increased. A total of approximately €15 million was disbursed to parties from this source (Open Polis 2022). The volume of private donations is also very low despite tax advantages, consisting mostly of contributions of their parliamentary salaries by members of parliament. An important source of party funding are the resources distributed by the two chambers to parliamentary groups, totaling approximately €50,000 for each member of parliament. A portion of these funds are transferred to the party organizations.
Existing rules governing the public and private financing of parties, as well as the current system of enforcement, do not produce a fully transparent system. The degree of transparency given to private contributions is largely left to the parties, and in many cases is minimal. In recent years, cases of individual or institutional abuse, or even fraud associated with the public party funding, have emerged in almost all of the political parties.
Citations:
https://www1.finanze.gov.it/finanze3/2xmille/index.php?tree=2018AADUEXM0101
Open Polis report: https://www.openpolis.it/come-sta-andando-il-2x1000-ai-partiti/ (accessed 11 January 2022)
Do citizens have the opportunity to take binding political decisions when they want to do so?
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Citizens have the effective opportunity to actively propose and take binding decisions on issues of importance to them through popular initiatives and referendums. The set of eligible issues is extensive, and includes national, regional, and local issues.
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Citizens have the effective opportunity to take binding decisions on issues of importance to them through either popular initiatives or referendums. The set of eligible issues covers at least two levels of government.
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Citizens have the effective opportunity to vote on issues of importance to them through a legally binding measure. The set of eligible issues is limited to one level of government.
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Citizens have no effective opportunity to vote on issues of importance to them through a legally binding measure.
The right to promote referendums and petitions is enshrined in the constitution at the national level of government, and is replicated in most of the regions through regional statute. Referendums may be authorized also at municipal and provincial levels. Ordinary referendums, which can only abrogate existing laws or part of them, have taken place rather frequently at national level. In order to launch a referendum, the proposal must collect at least 500,000 signatures and the referendum is only valid if there is a turnout of at least 50%. There are some limited restrictions to the issues that can be submitted to a referendum.
Referendums have had a substantial impact at national level, including ending the use of nuclear energy following the Chernobyl disaster. In some cases, however, the effects of a successful referendum have been overturned by parliamentary laws, which while paying formal respect to the referendum results, have in practice reestablished some of the old, abrogated rules in a new form.
Confirmative referendums may be promoted on constitutional reforms approved without a two-thirds parliamentary majority. A recent case was the referendum of December 2016, which rejected the broad constitutional reform promoted by the Renzi government or the 2020 referendum which confirmed the decision to reduce the number of parliamentarians. Consultative referendums were promoted in October 2017 by the Lombardy and Veneto regions, to increase regional autonomy. The final decision, however, will depend on the outcome of negotiations between the central state and regions.
Citizens can also promote legislative initiatives and in some regions and municipalities instruments of deliberative democracy (citizens’ juries, deliberative polling) are available, but these instruments do not have legally binding effects. At local and regional levels, popular decision-making is rarely used effectively.
Referendums have had a substantial impact at national level, including ending the use of nuclear energy following the Chernobyl disaster. In some cases, however, the effects of a successful referendum have been overturned by parliamentary laws, which while paying formal respect to the referendum results, have in practice reestablished some of the old, abrogated rules in a new form.
Confirmative referendums may be promoted on constitutional reforms approved without a two-thirds parliamentary majority. A recent case was the referendum of December 2016, which rejected the broad constitutional reform promoted by the Renzi government or the 2020 referendum which confirmed the decision to reduce the number of parliamentarians. Consultative referendums were promoted in October 2017 by the Lombardy and Veneto regions, to increase regional autonomy. The final decision, however, will depend on the outcome of negotiations between the central state and regions.
Citizens can also promote legislative initiatives and in some regions and municipalities instruments of deliberative democracy (citizens’ juries, deliberative polling) are available, but these instruments do not have legally binding effects. At local and regional levels, popular decision-making is rarely used effectively.
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To what extent are the media independent from government?
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Public and private media are independent from government influence; their independence is institutionally protected and fully respected by the incumbent government.
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The incumbent government largely respects the independence of media. However, there are occasional attempts to exert influence.
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The incumbent government seeks to ensure its political objectives indirectly by influencing the personnel policies, organizational framework or financial resources of public media, and/or the licensing regime/market access for private media.
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Major media outlets are frequently influenced by the incumbent government promoting its partisan political objectives. To ensure pro-government media reporting, governmental actors exert direct political pressure and violate existing rules of media regulation or change them to benefit their interests.
Traditionally, parties and governments have exercised political influence over the public broadcaster and largest media organization, Radiotelevisione Italiana (RAI). Governing parties interfered in its personnel policies, and controlled its organizational frameworks and resources. Some space was, however, always guaranteed to opposition parties.
The Renzi government’s reform of RAI increased the powers of the CEO, while reducing the powers of the board, which has typically comprised representatives of the main political parties. This somewhat reduced political parties’ direct influence over RAI, but has opened the door for greater government influence. Under the Draghi government, nominations to senior RAI positions have reflected a stronger merit-based component.
RAI has enjoyed abundant funding, combining a mandatory subscription from every person that owns a TV set and advertising revenue.
While the privately owned Mediaset channels continue to be subject to the political influence of Mediaset’s owner, Berlusconi, the increasing importance of other channels has balanced things out.
As for print media, newspapers and magazines are in general much more independent of government influence and able to ensure a broad spectrum of opinions.
The role of other digital and social media (e.g., Twitter and Facebook) is growing rapidly as a generation of younger politicians makes increasingly heavy use of them. But television still maintains its central role for a large part of the Italian public, which often is not reached by new media.
The Renzi government’s reform of RAI increased the powers of the CEO, while reducing the powers of the board, which has typically comprised representatives of the main political parties. This somewhat reduced political parties’ direct influence over RAI, but has opened the door for greater government influence. Under the Draghi government, nominations to senior RAI positions have reflected a stronger merit-based component.
RAI has enjoyed abundant funding, combining a mandatory subscription from every person that owns a TV set and advertising revenue.
While the privately owned Mediaset channels continue to be subject to the political influence of Mediaset’s owner, Berlusconi, the increasing importance of other channels has balanced things out.
As for print media, newspapers and magazines are in general much more independent of government influence and able to ensure a broad spectrum of opinions.
The role of other digital and social media (e.g., Twitter and Facebook) is growing rapidly as a generation of younger politicians makes increasingly heavy use of them. But television still maintains its central role for a large part of the Italian public, which often is not reached by new media.
To what extent are the media characterized by an ownership structure that ensures a pluralism of opinions?
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Diversified ownership structures characterize both the electronic and print media market, providing a well-balanced pluralism of opinions. Effective anti-monopoly policies and impartial, open public media guarantee a pluralism of opinions.
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Diversified ownership structures prevail in the electronic and print media market. Public media compensate for deficiencies or biases in private media reporting by representing a wider range of opinions.
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Oligopolistic ownership structures characterize either the electronic or the print media market. Important opinions are represented but there are no or only weak institutional guarantees against the predominance of certain opinions.
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Oligopolistic ownership structures characterize both the electronic and the print media market. Few companies dominate the media, most programs are biased, and there is evidence that certain opinions are not published or are marginalized.
The Italian media system is more balanced today than in the past. In television, the earlier duopoly between public television (RAI) and private television (controlled by Berlusconi’s Mediaset) is now less exclusive. Sky TV and La7, as well as other national television and digital broadcasters, offer alternative sources for news. As for print media, the presence of three or four significant groups ensures a satisfactory degree of pluralism. Overall, one can say that all political opinions of some relevance in the political spectrum receive fair media coverage. Understandably, the largest parties obtain more space than the smaller ones.
It would be difficult to say that certain positions are not published or are marginalized, especially in the case of newspapers. One of the big issues in Italy is still the predominance of television; newspapers, radio programs and electronic media can’t fully counterbalance its influence. One large television company, Mediaset, continues to exercise significant influence over electoral campaigns, but with the decline of Berlusconi’s political prominence, the influence of Mediaset has become less important.
It would be difficult to say that certain positions are not published or are marginalized, especially in the case of newspapers. One of the big issues in Italy is still the predominance of television; newspapers, radio programs and electronic media can’t fully counterbalance its influence. One large television company, Mediaset, continues to exercise significant influence over electoral campaigns, but with the decline of Berlusconi’s political prominence, the influence of Mediaset has become less important.
To what extent can citizens obtain official information?
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Legal regulations guarantee free and easy access to official information, contain few, reasonable restrictions, and there are effective mechanisms of appeal and oversight enabling citizens to access information.
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Access to official information is regulated by law. Most restrictions are justified, but access is sometimes complicated by bureaucratic procedures. Existing appeal and oversight mechanisms permit citizens to enforce their right of access.
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Access to official information is partially regulated by law, but complicated by bureaucratic procedures and some poorly justified restrictions. Existing appeal and oversight mechanisms are often ineffective.
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Access to official information is not regulated by law; there are many restrictions of access, bureaucratic procedures and no or ineffective mechanisms of enforcement.
The first freedom of information act was introduced by Law No. 241 in 1990. Its provisions were amended and made less restrictive by Law No. 15 of 2005; further corrections were added in 2013. Disclosure can be denied only under specific circumstances (such as national security, protection of privacy), which must be explicitly identified by administrative offices. Special offices (Uffici Relazioni con il Pubblico, URP) dealing with requests for access to information have been established in all administrative offices, both national and local. Access has been made easier and more effective by the Decreto Legislativo 25 maggio 2016, n. 97, which significantly extends the range of publicly accessible documents, the so-called FOIA (Freedom of Information Act).
Both judicial and non-judicial mechanisms of appeal exist, and are increasingly used. Among these is the Commission for Access to Public Documents (Commissione per l’Accesso ai Documenti Amministrativi) of the presidency of the Council of Ministers, which hears appeals when requests for information disclosure have been denied, and can ask public administrative bodies to reconsider their decisions. However, the commission, which comprises both parliamentarians and technical officers, has limited coercive powers; its impact is mainly through moral suasion. The commission makes an annual report to parliament. The most recent report as of the time of writing, covering 2019, identified a continuing increase in the number of citizens’ appeals and documented the body’s responses. Regional administrative tribunals can judicially enforce the disclosure of documents. In spite of this regulatory and organizational progress, the propensity of public administration to provide the answers in due time is still far from being fully satisfactory either because of bureaucratic inefficiency or because of a reluctance to disclose internal matters. A recent report by an Italian NGO found that only 35% of information requests received a response within 60 days.
Citations:
http://www.funzionepubblica.gov.it/sites/funzionepubblica.gov.it/files/Decreto_legislativo_trasparenza.pdf
http://www.funzionepubblica.gov.it/foia-7
https://www.commissioneaccesso.it/media/56762/relazione-2019.pdf (accessed 390 December 2021)
Both judicial and non-judicial mechanisms of appeal exist, and are increasingly used. Among these is the Commission for Access to Public Documents (Commissione per l’Accesso ai Documenti Amministrativi) of the presidency of the Council of Ministers, which hears appeals when requests for information disclosure have been denied, and can ask public administrative bodies to reconsider their decisions. However, the commission, which comprises both parliamentarians and technical officers, has limited coercive powers; its impact is mainly through moral suasion. The commission makes an annual report to parliament. The most recent report as of the time of writing, covering 2019, identified a continuing increase in the number of citizens’ appeals and documented the body’s responses. Regional administrative tribunals can judicially enforce the disclosure of documents. In spite of this regulatory and organizational progress, the propensity of public administration to provide the answers in due time is still far from being fully satisfactory either because of bureaucratic inefficiency or because of a reluctance to disclose internal matters. A recent report by an Italian NGO found that only 35% of information requests received a response within 60 days.
Citations:
http://www.funzionepubblica.gov.it/sites/funzionepubblica.gov.it/files/Decreto_legislativo_trasparenza.pdf
http://www.funzionepubblica.gov.it/foia-7
https://www.commissioneaccesso.it/media/56762/relazione-2019.pdf (accessed 390 December 2021)
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To what extent does the state respect and protect civil rights and how effectively are citizens protected by courts against infringements of their rights?
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All state institutions respect and effectively protect civil rights. Citizens are effectively protected by courts against infringements of their rights. Infringements present an extreme exception.
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The state respects and protects rights, with few infringements. Courts provide protection.
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Despite formal protection, frequent infringements of civil rights occur and court protection often proves ineffective.
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State institutions respect civil rights only formally, and civil rights are frequently violated. Court protection is not effective.
The legal system includes detailed constitutional provisions and a series of ordinary laws that provide an articulated protection of a broad set of rights. Strongly independent courts serve in principle to guarantee their implementation. In practice, however, inefficiencies in the judicial administration, the heavy backlog of many courts and the consequent length of judicial procedures can make the protection of civil rights (both personal and property) less effective. After years of discussion, and upon the request of supranational institutions, Italy finally introduced a law against torture (law n. 110, 14 July 2017). However, the law has been criticized by UN authorities for being too restrictive.
The legal protection of the rights of immigrants, especially if they are illegal, is far from satisfactory. Some cases of police violence are reported. Actions by the security agents of the various authorities (including the state police and prison surveillance personnel) sometimes seem to contradict the principles of the rule of law. Immigrants and homosexuals sometimes experience discrimination.
The set of restrictive law-and-order policies (Law Decree 4/10/2018 n. 113 and Law Decree 14/06/2019 n.53) dealing with matters of immigration and public demonstrations approved by the first Conte government under the political influence of Lega leader Salvini and criticized by the president of the republic were mellowed by the second Conte government (Law Decree 21 October 2020, n.130).
The Draghi government has corrected the norms introduced by the first Conte government concerning statute-of-limitations rules with the purpose of reducing the duration of judicial procedures.
Citations:
http://www.camera.it/leg17/522?tema=reato_di_tortura
https://www.gazzettaufficiale.it/eli/id/2018/10/04/18G00140/sg
https://www.gazzettaufficiale.it/eli/id/2019/06/14/19G00063/sg
https://www.gazzettaufficiale.it/eli/id/2020/10/21/20G00154/sg (accessed 30 December 2021)
The legal protection of the rights of immigrants, especially if they are illegal, is far from satisfactory. Some cases of police violence are reported. Actions by the security agents of the various authorities (including the state police and prison surveillance personnel) sometimes seem to contradict the principles of the rule of law. Immigrants and homosexuals sometimes experience discrimination.
The set of restrictive law-and-order policies (Law Decree 4/10/2018 n. 113 and Law Decree 14/06/2019 n.53) dealing with matters of immigration and public demonstrations approved by the first Conte government under the political influence of Lega leader Salvini and criticized by the president of the republic were mellowed by the second Conte government (Law Decree 21 October 2020, n.130).
The Draghi government has corrected the norms introduced by the first Conte government concerning statute-of-limitations rules with the purpose of reducing the duration of judicial procedures.
Citations:
http://www.camera.it/leg17/522?tema=reato_di_tortura
https://www.gazzettaufficiale.it/eli/id/2018/10/04/18G00140/sg
https://www.gazzettaufficiale.it/eli/id/2019/06/14/19G00063/sg
https://www.gazzettaufficiale.it/eli/id/2020/10/21/20G00154/sg (accessed 30 December 2021)
To what extent does the state concede and protect political liberties?
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All state institutions concede and effectively protect political liberties.
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All state institutions for the most part concede and protect political liberties. There are only few infringements.
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State institutions concede political liberties but infringements occur regularly in practice.
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Political liberties are unsatisfactory codified and frequently violated.
The protection of the complete array of political liberties is enshrined in the constitution and guaranteed by an independent judiciary. During the period of observation, no significant cases of infringement were attested. The right to worship is fully guaranteed to all religious groups and an increasing number of minority groups have been able to use the opportunities offered by agreements with the state to facilitate its implementation. However, some practical problems connected with the freedom of worship, like enjoying the special fiscal treatments guaranteed to religious groups or building places of worship, have not fully disappeared. These problems have been more relevant for Islamic groups, to some extent because of political fears and hostility, but also because of their more uncertain legal status.
During the pandemic crisis, only limited restrictions were applied to the rights to assemble and hold political rallies.
During the pandemic crisis, only limited restrictions were applied to the rights to assemble and hold political rallies.
How effectively does the state protect against different forms of discrimination?
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State institutions effectively protect against and actively prevent discrimination. Cases of discrimination are extremely rare.
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State anti-discrimination protections are moderately successful. Few cases of discrimination are observed.
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State anti-discrimination efforts show limited success. Many cases of discrimination can be observed.
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The state does not offer effective protection against discrimination. Discrimination is widespread in the public sector and in society.
At the legal level, anti-discrimination norms exist and are sufficiently developed. Their implementation is sometimes not equally satisfactory. This happens in particular in the field of physical and mental abilities, of gender or for some cases of ethnic minorities (the Roma, for instance). In principle, Italy has a very inclusive model for integrating physically and mentally disabled persons. However, in some regions, the system lacks financial resources.
Italy’s constitution and the political reality grants considerable political autonomy and cultural rights to regions with non-Italian or non-mainland minorities and majorities, such as Val d’Aosta, Trentino and South Tyrol, Sardinia and Sicily, as well as to ethnic groups with ancient roots such as the Alberesh, which originated in Albania. Some municipalities have democratically elected assemblies to represent migrants in local decision-making processes.
The Department for Equal Opportunities, which reports to the president of the Council of Ministers, has improved efforts to monitor gender discrimination in the public administration on a regular basis. The department’s 2018 report indicates that – with some exceptions – significant gains have been made in gender representation in the higher levels of state administration. The percentage of women among the top ranks of the central administration reached 46%. Levels are lower in universities and among independent authorities. Gender representation in the business sector is generally less satisfactory, but improving. Much greater progress has been achieved in political institutions such as parliament, assemblies and the cabinet. Eurostat data indicates that the gender pay gap in Italy (5%) is well below the EU average (16%).
Discrimination against immigrants is widespread, particularly with regard to illegal immigrants. Whereas immigrants generally enjoy access to the healthcare system, their rights in other areas – labor relations in particular – are not well protected.
Citations:
http://www.pariopportunita.gov.it/wp-content/uploads/2018/10/tabella-andamento-temporale.pdf
https://ec.europa.eu/eurostat/statistics-explained/index.php/Gender_pay_gap_statistics#Gender_pay_gap_levels_vary_significantly_across_EU
Italy’s constitution and the political reality grants considerable political autonomy and cultural rights to regions with non-Italian or non-mainland minorities and majorities, such as Val d’Aosta, Trentino and South Tyrol, Sardinia and Sicily, as well as to ethnic groups with ancient roots such as the Alberesh, which originated in Albania. Some municipalities have democratically elected assemblies to represent migrants in local decision-making processes.
The Department for Equal Opportunities, which reports to the president of the Council of Ministers, has improved efforts to monitor gender discrimination in the public administration on a regular basis. The department’s 2018 report indicates that – with some exceptions – significant gains have been made in gender representation in the higher levels of state administration. The percentage of women among the top ranks of the central administration reached 46%. Levels are lower in universities and among independent authorities. Gender representation in the business sector is generally less satisfactory, but improving. Much greater progress has been achieved in political institutions such as parliament, assemblies and the cabinet. Eurostat data indicates that the gender pay gap in Italy (5%) is well below the EU average (16%).
Discrimination against immigrants is widespread, particularly with regard to illegal immigrants. Whereas immigrants generally enjoy access to the healthcare system, their rights in other areas – labor relations in particular – are not well protected.
Citations:
http://www.pariopportunita.gov.it/wp-content/uploads/2018/10/tabella-andamento-temporale.pdf
https://ec.europa.eu/eurostat/statistics-explained/index.php/Gender_pay_gap_statistics#Gender_pay_gap_levels_vary_significantly_across_EU
Graph View
To what extent do government and administration act on the basis of and in accordance with legal provisions to provide legal certainty?
10
9
9
Government and administration act predictably, on the basis of and in accordance with legal provisions. Legal regulations are consistent and transparent, ensuring legal certainty.
8
7
6
7
6
Government and administration rarely make unpredictable decisions. Legal regulations are consistent, but leave a large scope of discretion to the government or administration.
5
4
3
4
3
Government and administration sometimes make unpredictable decisions that go beyond given legal bases or do not conform to existing legal regulations. Some legal regulations are inconsistent and contradictory.
2
1
1
Government and administration often make unpredictable decisions that lack a legal basis or ignore existing legal regulations. Legal regulations are inconsistent, full of loopholes and contradict each other.
The actions of the government and administration are systematically guided by detailed legal regulations. Multiple levels of oversight – from a powerful Constitutional Court to a system of local, regional and national administrative courts – exist to enforce the rule of law. Overall, the government and the administration are careful to act according to the existing legal regulations and thus their actions are fundamentally predictable. However, the fact that legal regulations are plentiful, not always consistent and change frequently reduces somewhat the degree of legal certainty. The complexity of regulations (which are sometimes contradictory) creates opportunities for highly discretionary decision-making and the conditions for corruption.
The government has backed efforts to simplify and reduce the amount of legal regulation, but has yet to obtain the results expected. The pandemic emergency has led to the introduction of many new rules and regulations, which are often confusing for the authorities that are responsible for applying them and for citizens.
The excessive burden of regulations and inefficiency of local authorities too often requires that, in order to face critical situations, exceptional powers are granted to special authorities (“commissari”) who are not properly monitored. This often results in arbitrary decisions being made.
The government has backed efforts to simplify and reduce the amount of legal regulation, but has yet to obtain the results expected. The pandemic emergency has led to the introduction of many new rules and regulations, which are often confusing for the authorities that are responsible for applying them and for citizens.
The excessive burden of regulations and inefficiency of local authorities too often requires that, in order to face critical situations, exceptional powers are granted to special authorities (“commissari”) who are not properly monitored. This often results in arbitrary decisions being made.
To what extent do independent courts control whether government and administration act in conformity with the law?
10
9
9
Independent courts effectively review executive action and ensure that the government and administration act in conformity with the law.
8
7
6
7
6
Independent courts usually manage to control whether the government and administration act in conformity with the law.
5
4
3
4
3
Courts are independent, but often fail to ensure legal compliance.
2
1
1
Courts are biased for or against the incumbent government and lack effective control.
Courts play an important and decisive role in Italy’s political system. The judicial system is strongly autonomous from the government. Recruitment, nomination to different offices and careers of judges and prosecutors remain out of the control of the executive. The Superior Council of the Judiciary (Consiglio Superiore della Magistratura), a representative body elected by the members of the judiciary (and partially by the parliament), governs the system and prevents significant influence by the government. Ordinary and administrative courts, which have heavy caseloads, are able to effectively review government actions, and order correctives if necessary. The main problem is the length of judicial procedures, which sometimes reduces the effectiveness of judicial control (Council of Europe report 2020). Successive governments have made some efforts to increase the efficiency and speed of the judicial system. The Draghi government has devoted special attention to these aspects. Digitalization of procedures has been promoted.
At the highest level the Constitutional Court ensures the conformity of laws with the national constitution. It has often rejected laws promoted by current and past governments. Access to the Constitutional Court is reserved for courts and regional authorities. Citizens can raise appeals on individual complaints only within the context of a judicial proceeding, and these appeals must be assessed by a judge as “not manifestly unfounded and irrelevant.” The head of state, who has the power to block laws approved by the parliament that are seen to conflict with the constitution, represents another preemptive control.
Citations:
Council of Europe CEPEJ evaluation report 2020: https://rm.coe.int/rapport-evaluation-partie-1-francais/16809fc058 (accessed 31 December 2021)
At the highest level the Constitutional Court ensures the conformity of laws with the national constitution. It has often rejected laws promoted by current and past governments. Access to the Constitutional Court is reserved for courts and regional authorities. Citizens can raise appeals on individual complaints only within the context of a judicial proceeding, and these appeals must be assessed by a judge as “not manifestly unfounded and irrelevant.” The head of state, who has the power to block laws approved by the parliament that are seen to conflict with the constitution, represents another preemptive control.
Citations:
Council of Europe CEPEJ evaluation report 2020: https://rm.coe.int/rapport-evaluation-partie-1-francais/16809fc058 (accessed 31 December 2021)
To what extent does the process of appointing (supreme or constitutional court) justices guarantee the independence of the judiciary?
10
9
9
Justices are appointed in a cooperative appointment process with special majority requirements.
8
7
6
7
6
Justices are exclusively appointed by different bodies with special majority requirements or in a cooperative selection process without special majority requirements.
5
4
3
4
3
Justices are exclusively appointed by different bodies without special majority requirements.
2
1
1
All judges are appointed exclusively by a single body irrespective of other institutions.
According to the present constitution, members of the Constitutional Court are appointed from three different and reciprocally independent sources: the head of state, the parliament (with special majority requirements) and the top ranks of the judiciary (through an election). Members of this institution are typically prestigious legal scholars, experienced judges or lawyers. This appointment system has globally ensured a high degree of political independence and prestige for the Constitutional Court. The Constitutional Court has frequently rejected laws promoted by the government and approved by the parliament. The court’s most politically relevant decisions are widely publicized and discussed by the media.
To what extent are public officeholders prevented from abusing their position for private interests?
10
9
9
Legal, political and public integrity mechanisms effectively prevent public officeholders from abusing their positions.
8
7
6
7
6
Most integrity mechanisms function effectively and provide disincentives for public officeholders willing to abuse their positions.
5
4
3
4
3
Some integrity mechanisms function, but do not effectively prevent public officeholders from abusing their positions.
2
1
1
Public officeholders can exploit their offices for private gain as they see fit without fear of legal consequences or adverse publicity.
The Italian legal system has a significant set of rules and judicial and administrative mechanisms (with ex ante and ex post controls) to prevent officeholders from abusing their position, but their effectiveness is doubtful. The Audit Court (Corte dei Conti) itself – one of the main institutions responsible for the fight against corruption – indicates in its annual reports that corruption remains one of the biggest problems of the Italian administration. The high number of cases exposed by the judiciary and the press indicates that the extent of corruption is high, and is particularly common in the areas of public works, procurement and local building permits. It suggests also that existing instruments for the fight against corruption must be significantly reconsidered to make them less legalistic and more practically efficient. With the reforms of previous governments, the Anti-Corruption Authority (ANAC) has been significantly strengthened and its anti-corruption activity progressively increased. The annual reports of the ANAC offer very detailed analyses of corruption cases (ANAC, Relazione annuale). The Draghi government has promoted a reform of the public procurement system, with the goal of simplifying and speeding up procedures (Relazione PNRR page 41–42). This reform also includes a special agreement with the Anti-Corruption Authority, which enables it to verify effectively the regularity of public contracts.
In general, the ongoing reform of public administration should further contribute to the reduction of administrative abuses.
Citations:
https://www.anticorruzione.it/-/relazione-annuale-2020 (accessed 31 December 2021)
https://www.governo.it/sites/governo.it/files/RelazionePNRR.pdf (accessed 31 December 2021)
In general, the ongoing reform of public administration should further contribute to the reduction of administrative abuses.
Citations:
https://www.anticorruzione.it/-/relazione-annuale-2020 (accessed 31 December 2021)
https://www.governo.it/sites/governo.it/files/RelazionePNRR.pdf (accessed 31 December 2021)