Recent Italian Efforts to Respond to Terrorism at the Legislative Level

Abstract

Faced with the threat of global terrorism, can we actually say there is in Italy a weakness in the existing law? The answer to such a question depends on the impact of the adopted legislation on the effectiveness in combating terrorism. From a general overview of recent legislative and executive measures, there seems to emerge a general belief that in order to facilitate the most in-depth and extensive knowledge of terrorist phenomena, the balance between prevention of terrorist acts and judicial safeguards needs to be altered in favour of the former. Emphasizing the function of risk prevention aimed at bolstering state security implies, as a consequence, the risk of weakening judicial control and safeguards. This article is intended to offer an overview of recent developments in Italy in the field of anti-terrorism law and practice, attempting to assess the compliance of the adopted counterterrorist measures with criteria deemed to be consistent with the principles of a state subject to the rule of law and with the fundamental rights of the individual.