10 Mar 2009

The Italian (In)Security Package

Security vs. Rule of Law and Fundamental Rights in the EU

Massimo Merlino

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The 2008 Italian security package has triggered various concerns and criticism in Italy and across Europe. This working paper aims at analysing the nature, scope and implications of some of the legislative measures and practices constituting the package. In particular, it is argued that they are incompatible with the relevant provisions and principles of EU law – namely non-discrimination and free movement of persons – as well as international human rights standards. The paper also evaluates the impact that laws of exception and practices of derogation facilitated by the Italian measures may have on basic principles laying at the heart of the EU’s foundations (respect for human rights and fundamental freedoms, and the rule of law) and shows how fundamental rights cannot be taken for granted in the EU.

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