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analysisDemocracy and rule of law

Preventive protest arrests test Europe's shared civil liberties standards

Italian police have used new preventive arrest powers against teenage demonstrators, highlighting how national security laws test fundamental rights across the European Union.

By United States of Europe editorial team · How we write editorial

Italian police have detained dozens of teenagers under a new preventive arrest measure ahead of public demonstrations. The controversial power, introduced under Prime Minister Giorgia Meloni’s government, allows officers to detain individuals prior to a protest if they are suspected of intending to cause violent disturbance. Opposition politicians have labelled the tactic the "black sweatshirt crime" due to arrests based on appearance and potential intent.

Maintaining public order is properly a national responsibility under the principle of subsidiarity. Governments have a duty to keep streets safe and prevent violent acts during public rallies.

Yet pre-emptive detentions based on dress or perceived intent risk undermining the freedom of assembly and expression. These fundamental rights are shared European principles protected under the EU Charter of Fundamental Rights and the European Convention on Human Rights.

When legal standards on basic liberties diverge sharply between member states, European citizens face unequal protections depending on where they live. National security cannot become a justification for chipping away at democratic norms. A strong Europe requires a firm commitment to the rule of law in every member state.

Drafted with AI, edited by the editor.

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