How Giorgia Meloni’s government is weakening laws against the mafia in Italy

by Andrea
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How Giorgia Meloni's government is weakening laws against the mafia in Italy

How Giorgia Meloni's government is weakening laws against the mafia in Italy

Giorgia Meloni

Meloni’s executive has come forward with several changes, from restrictions on press coverage to the abolition of the crime of abuse of power, which are making the work of authorities in the fight against the Italian mafia more difficult.

Author Alison Jamieson once described the fight against organized crime in Italy as a “swing between the mafia and the anti-mafia”. There have been many ups and downs in this long history. And yet, currently, it seems that the balance is tipping towards the mafia.

It could be argued that Benito Mussolini almost managed to eradicate mafia groups during his dictatorship. When a regime is itself an intimidator, there is not much room for criminals to act.

However, the current government’s right-wing agenda is having a negative influence on the fight against the mafia. Laws proven in the fight against mafia groups and corruption are being manipulated in the name of “efficiency” and “privacy”.

Prosecutors, police and civil society associations have been crushed by an administration that does not seem to want to discuss mafia activities and infiltrations. And meanwhile, reforms to the media and public life are having dangerous effects.

1. Impossibility of reporting on the mafia

Since coming to power, Prime Minister Giorgia Meloni’s government has been introduce restrictive reforms in the media. With or without intention, these reforms are making it more difficult to obtain information about the mafia.

While previously journalists were allowed to report all evidence from a mafia investigation, a change in the law will soon limit this possibility to only citing selected intercepted telephone records used by the preliminary investigation judges in their pre-arrest warrant. – and no evidence of the entire investigation.

They will also no longer be able to directly cite all phone intercepts until investigations are complete. This limits your ability to inform about the complex activities and networks of the mafia.

2. Abolition of the crime of abuse of power

The Italian Government also abolished the crime of abuse d’ufficio (abuse of power), which also had implications for the prevention of organized crime. It was argued that this was a necessary measure because the law was limit decision-making powers of local administrators. Apparently, they were particularly frightened by the possibility of being accused of inappropriate behavior in public tender processes.

However, the abolition of this law facilitated the involvement of public officials in irregular practices such as clientelism (preferential treatment in exchange for political support), the nepotism ea corruption – an essential part of any organized crime infrastructure. This reform potentially opened the door to more white-collar crime at the local level.

3. Limit the use of wiretapping

The use of bugging to infiltrate communications is controversial in some countries, but in Italy it has been a vital instrument against the mafia. Gathering evidence by listening to conversations and private spaces has been one of the most important and effective tactics for understanding the mafia’s strategies, dynamics and activities over the decades.

However, a new law being passed by Parliament limits authorities to only monitoring a suspect’s calls during a maximum period of 45 daysexcept in exceptional circumstances. Mafia and terrorism suspects are excluded from this change, but it will apply to crimes adjacent to mafia cases, which are often crucial to closing down organized crime.

Reducing the use of this instrument means not investigating the wider circles of mafia enablers such as solicitors, accountants and business partners. Focusing on this gray area is often the best way to get to the center. By reducing the effectiveness of this instrument, mafia enablers will be more difficult to processwhich will allow the mafia to reinforce its social and economic power.

4. Reduce support for state witnesses

State witnesses – criminals who reveal their crimes and collaborate with the state in exchange for a new life and identity – have made an enormous contribution to the fight against the mafia. Internal voices like that of the high-ranking Sicilian gangster Tommaso Buscetta they changed the anti-mafia game.

In 1984, Buscetta presented concrete evidence of what prosecutors believed was happening in Sicily, which led to major breakthroughs. At the time, the Italian state could not protect him, so American authorities stepped in to protect Buscetta after he denounced his former associates.

In 1991, legendary anti-mafia judge Giovanni Falcone created a state witness protection program in Italy – a strict protection regime and a contract between the State and former criminals. In 2001, this program was weakened by all political parties, making becoming a state witness less attractive. In 2024, it is being weakened again.

State witnesses no longer automatically receive an amount fixed to start a new life after collaborating with the State. The state agency that administers this agreement decided to withhold the fixed amount because, according to it, these witnesses owe the State payment for services, including court and prison costs, fines and other sanctions.

It is “compensation package” has long been an important incentive for anyone thinking of risking their lives to turn against the mafia. It is often used to buy a house or start a business.

Luigi Li Gotti, famous criminal lawyer, and Gian Carlo Caselli, former attorney general of Palermo, have denounced this situation.

A fight against the lame mafia

Italy has been a world leader in the fight against organized crime since it began taking the problem seriously in the 1990s. But recent changes are slowly undermining that status.

Italian mafias are, by definition, complex and insidious organizations. Laws are needed to address their multiple activities and accomplices, especially as expand abroad. The legal mechanisms created in the 1990s exist for a reason and should not be changed without careful analysis. Otherwise, we may all pay the price.

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