The seizure of smartphones is back on the agenda; the Government may take action
The debate resumes in the House of Commons. The Ministry of Justice has been granted a delegation of powers, which expires on 9 October
The majority is trying to speed up the process regarding the seizure of smartphones. But the solution may come from the Ministry of Justice. From tomorrow, the Justice Committee of the Chamber of Deputies will once again be considering (with a view to voting on) the reform bill, in which the reduced role of the public prosecutor is accompanied by an expanded role for the judge and greater procedural complexity. This bill, which received the Senate’s approval back in April 2024, has nevertheless been stalled for some time.
The impasse
Initially for reasons of political expediency – the government and the parliamentary majority’s desire not to open up further areas of conflict with the judiciary in the run-up to the referendum – but now because of the differing views held by the parties supporting Meloni on the measures currently being drawn up.
Clutches
The internal tensions within the centre-right this summer are resurfacing, in a legal context that is, incidentally, not all that different: back in July, during the debate on yet another decree-law addressing issues of justice, Fratelli d’Italia tabled two amendments to amend the provisions on use of wiretaps in other proceedings, amended during the parliamentary term in response to concerns raised by magistrates, primarily by the Anti-Mafia Prosecutor Giovanni Melillo.
The political blocs
These amendments were subsequently shelved following an outcry from Forza Italia, which refused to vote in favour of them as a gesture of respect for due process against allegedly ‘dragnet’ wiretaps. The issue is now back on the table. Melillo, speaking at a hearing, highlighted the same critical issues regarding the fight against organised crime, noting that measures such as those in the draft bill impose the same restrictions on the use – even in other proceedings – of the results of data extracted from devices.
These are issues to which Fratelli d’Italia is undoubtedly more sensitive, whilst Forza Italia is pressing for the measure to be approved without delay (as well as, in the Senate, for the reform of the statute of limitations approved by the Chamber of Deputies many months ago).
