EU against Italy: "It does not cooperate on the fight against crime"

• EU, infringement against Hungary and Poland for LGBTQ discrimination

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July 15, 2021 The EU Commission has referred Italy to the Court of Justice of the European Union for failure to comply with certain obligations regarding the exchange of information established by the rules on cross-border cooperation in the fight against terrorism and crime. 

These rules, the Commission recalls, "are a fundamental tool in the fight against terrorism and crime", and "allow for the rapid exchange of information on DNA, fingerprints and national vehicle registration data, allowing the authorities to identify suspects and to establish links between criminal cases across the Union ".

Member States had to fully implement the rules by August 2011. The Commission launched an infringement procedure against Italy by sending a letter of formal notice, followed in 2017 by a reasoned opinion, and urging Italy to fully comply legal obligations. 

After repeated investigations on the progress made by Italy in fulfilling its obligations, "it is noted that to date Italy still does not allow other Member States to access its data relating to DNA, fingerprints and registration of vehicles ".

The European Commission has also opened an infringement procedure against Italy and 5 other countries for failure to fully implement the directive on the right to use a lawyer. The directive establishes minimum rules on the right of suspects to use a lawyer in criminal proceedings and in the proceedings for the execution of the European arrest warrant. It also establishes that suspects have the right to inform a third party at the time of deprivation of personal liberty and to communicate with third parties and consular authorities during deprivation of personal liberty. The Commission analyzed how the 6 Member States have transposed the Directive into their national legislation and identified some gaps in the area of ​​children's rights. The 6 Member States (Austria, Italy, the Netherlands,Poland, Romania and Sweden) now have 2 months to provide answers and clarifications, in the absence of which the Commission may decide to send them a reasoned opinion.

The EU Commission has also launched an infringement procedure against Italy and 23 other Member States for the non-alignment of various national provisions with the Posting of Workers Directive, which aims to simplify procedures and administrative cooperation between States, protecting workers. In particular, the directive defines the administrative obligations and control measures that Member States may impose to ensure compliance with the rules on posting of workers; defends the rights of posted workers and protects them from retaliation (i.e. from unfavorable treatment by the employer if the worker who believes his rights are not respected decides to take legal or administrative action against the employer );guarantees the protection of the rights of posted workers in situations of subcontracting. The Commission wants "to ensure that the rules in force ensure that posting of workers continues to exist in the single market without unnecessary obstacles for employers, while protecting the rights of posted workers", writes Brussels. The Member States concerned now have 2 months to take the necessary measures, after which the Commission may decide to send reasoned opinions.while protecting the rights of posted workers, "writes Brussels. The Member States concerned now have 2 months to take the necessary measures, after which the Commission may decide to send reasoned opinions.while protecting the rights of posted workers, "writes Brussels. The Member States concerned now have 2 months to take the necessary measures, after which the Commission may decide to send reasoned opinions.