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Italy’s Constitutional Court Upholds Abolition of Abuse of Office Crime

The Court ruled the repeal constitutional and in compliance with international law, marking a significant shift in Italy's judicial and administrative framework.

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Overview

  • The Constitutional Court has declared the repeal of the abuse of office crime, enacted under the Nordio law, as constitutional and not in violation of international obligations.
  • Judges ruled that the UN Merida Convention does not mandate the criminalization of abuse of office nor prohibit its repeal, affirming legislative discretion in defining offenses.
  • The decision follows challenges from 14 judicial authorities, including the Cassation Court, which questioned the repeal’s compliance with constitutional and international standards.
  • Justice Minister Carlo Nordio praised the ruling as a step toward reducing judicial inefficiencies, while magistrates expressed concerns about potential enforcement gaps in addressing illicit conduct.
  • The Court’s detailed reasoning will be published in the coming weeks, as discussions continue on potential legal measures to address any void left by the abolished offense.