Italy's controversial Security Decree is facing renewed constitutional scrutiny after lawyers for a pro-Palestine activist challenged the law over its criminalisation of peaceful protest.
The case stems from the September 2025 arrest of an activist accused of taking part in a road blockade during a demonstration in Cagliari held alongside a general strike in support of the Global Sumud Flotilla. The defence argues the decree is unconstitutional because the government used emergency powers without the ‘necessity and urgency’ required under Article 77 of the Constitution and because criminalising road blockades violates the rights to assembly, free expression and strike action.
The challenge is the second to reach Italy's Constitutional Court after prosecutors in Turin also requested a review of the road blockade provision in June.
Under the decree, blocking traffic during protests, previously punishable by an administrative fine, has again become a criminal offence. Individuals face up to one month in prison, while group blockades carry sentences of six months to two years.
Turin prosecutors argue that temporary traffic disruption is inherent to demonstrations and strikes, warning the law prioritises traffic flow over constitutionally protected freedoms. They also questioned the government's use of emergency decree powers, saying no exceptional circumstances justified bypassing the normal legislative process.
