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Italy: Decree Amending Regulations on Observatory for Fight against Pedophilia and Child Pornography to Take Effect

(July 6, 2020) On July 8, 2020, a regulation containing amendments to a 2007 ministerial decree establishing measures to protect minors from sexual exploitation and abuse and creating the Observatory for the Fight against Pedophilia and Child Pornography will enter into effect in Italy. The new regulation, Decree No. 62 of April 15, 2020, primarily […]

Italy: Constitutional Court Declares Revocation of Certain Criminal Offenders’ Driver’s Licenses Unconstitutional

(July 2, 2020) On May 29, 2020, the Italian Constitutional Court issued a decision declaring unconstitutional a provision of the New Highway Code that established the automatic revocation of certain criminal offenders’ driver’s licenses. (Decision No. 99 of May 27, 2020.) Background of the Case The regional administrative court (Tribunale Amministrativo Regionale, TAR) for Italy’s […]

Italy: Constitutional Court Declares Criminal Code Provision on Child Abduction Unconstitutional

(June 30, 2020) On May 29, 2020, the Italian Constitutional Court issued a decision declaring the unconstitutionality of a Criminal Code provision on the suspension of parental authority in cases of child abduction and child maintenance overseas. (Decision No. 102 of May 29, 2020.) Background of the Case At the request of the Supreme Court […]

Italy: Supreme Court of Cassation Issues Decision on Rights of Detained Persons

(June 26, 2020) On May 22, 2020, the Italian Supreme Court of Cassation (SCC) issued a decision declaring unconstitutional a provision imposing a radical ban on communication between incarcerated persons who, in accordance with Law No. 94 of July 15, 2009 and article 4-bis of Law No. 354 of July 26, 1975, are grouped together […]

Italy: Decree-Law Institutes Alternative Penitentiary Measures to Combat Covid-19 Pandemic

(June 10, 2020) On May 11, 2020, Decree-Law No. 29 (D. L. No. 29), which had been issued the previous day by the president of Italy to institute new penitentiary measures aimed at reducing COVID-19 infections in prisons, took effect in the country. Measures on Home Detention and Postponement of Sentencing Under the new decree-law, […]

Italy: Update on Measures to Fight the Covid-19 Pandemic

(May 28, 2020) On May 17, 2020, the president of Italy’s Council of Ministers issued a decree containing measures to implement Decree-Laws No. 19 of March 25, 2020, and No. 33 of May 16, 2020, on urgent measures to deal with the COVID-19 pandemic. Additionally, on May 19, 2020, a new ordinance issued by the […]

Italy: Decree Laws on Conclusion of School Year and Elections amid COVID-19 Pandemic Issued

(May 20, 2020) In April 2020, two decree laws entered into effect in Italy to regulate educational and electoral affairs that had been disrupted by the COVID-19 pandemic. Decree Law No. 22 of April 8, 2020 (D.L. No. 22) on the conclusion of the 2019/2020 school year and state examinations in Italy entered into effect […]

Italy: Supreme Court of Cassation Addresses Required Evidence in Corporate Shareholder Claims

(May 12, 2020) On February 19, 2020, the Italian Supreme Court of Cassation (SCC) clarified the evidence a corporate shareholder must present to prove a claim for repayment from the corporation. (Decision No. 4261 of February 19, 2020 (Decision).) Background of the Case The SCC reviewed a case submitted by the Appellate Court of Lecce, […]

Italy: New Decree Imposing Additional Measures to Curb Spread of COVID-19 Enters into Effect

(Apr. 29, 2020) On April 14, 2020, a decree of the president of the Council of Ministers containing further urgent measures to curb the COVID-19 pandemic entered into effect in Italy. The decree will remain in effect until May 3, 2020. (Ulteriori Disposizioni Attuative del Decreto-Legge 25 Marzo 2020, n. 19, recante Misure Urgenti per […]

Italy: New Decree-Law to Ensure Liquidity for Distressed Companies Enters into Effect

(Apr. 21, 2020) On April 9, 2020, Decree-Law No. 23 (D.L. No. 23), which guarantees liquidity for companies in distress as a result of the coronavirus emergency, entered into effect in Italy (Misure Urgenti in Materia di Accesso al Credito e di Adempimenti Fiscali per le Imprese, di Poteri Speciali nei Settori Strategici, nonche’ Interventi […]