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Cassation Flags Flaws in Security Decree and Italy-Albania Migrant Pact

The non-binding rulings have intensified Italy’s clash between executive urgency versus judicial oversight, raising prospects for appeals to the Constitutional Court or EU bodies.

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Overview

  • In a 129-page June 27 report, the Massimario Office found no new facts to justify using emergency decree powers under Article 77 to fast-track the security bill.
  • The analysis warned that the decree’s mix of 14 new offenses and aggravated penalties risks disproportionate sanctions that could curb protest and economic freedoms.
  • Judges highlighted an unprecedented “undercover-agent shield” that would let secret-service operatives direct banned associations without personal liability, calling its constitutionality into question.
  • A separate 18-page June 29 report challenged the Italy-Albania protocol for applying detention rules extraterritorially and failing to guarantee asylum, defense, and health safeguards under EU law.
  • Justice Minister Carlo Nordio and Senator Maurizio Gasparri denounced the critiques as judicial overreach, while opposition and civil-rights groups prepare constitutional challenges and referrals.