As of: January 23, 2024, 3:02 p.m
By: Sonja Ruf
Comments
Press
Split
Several marches by the neo-fascist scene outraged the Italian public – and the opposition.
What is the legal situation?
Rome - Dealing with right-wing extremists and fascist ideas is currently leading to heated debates in Germany's southern European partner countries.
For example, should showing the “Roman salute” be criminalized in Italy?
The Supreme Court dealt with this question there and concluded in its judgment: certain circumstances depend.
The “saluto romano”, which is comparable to the Hitler salute and is performed by raising the outstretched right arm, dates back to the time of the Italian dictatorship under Benito Mussolini (1922-1943).
Today the gesture is a unifying sign and recognition feature of the neo-fascist scene in Italy.
According to the Oldenburg Higher Regional Court, the Hitler salute, which is comparable to the “Roman salute,” is fundamentally forbidden in Germany, even if one wants to attract public attention and does not have any political intentions.
In Germany, the Hitler salute, which is comparable to the “saluto romano,” has long been banned
The debate was triggered by several major meetings of Italy's neo-fascist scene.
In 2016, a thousand Italian right-wing extremists gathered in Milan for a memorial event for an activist from the neo-fascist party “Movimento Sociale Italiano” who died in 1975.
At the memorial service there was a ritual that was frightening for unwary spectators.
In response to a speaker's calls, the crowd responds to him three times by shouting "Presente!", performing the "saluto romano" by raising their right arm in the air.
At the beginning of January there was a similar march in Rome, where the “saluto romano” was shown.
Video footage of this march caused horror on social networks and the Italian public.
Coming to terms with Italy's fascist past remains an issue in large parts of the population: neo-fascists commemorate the late dictator at the birthplace of Mussolini, including “saluto romano”.
© Imago/Milestone Media
Eight participants in the 2016 troupe in Milan were convicted of “glorifying fascism”.
This ruling has now been overturned by the Italian Supreme Court.
According to the court, what is crucial is that the showing of the “saluto romano” may only take place on commemorative occasions that do not pose a specific risk of the founding of a new fascist party.
This means that showing the salute remains permitted under certain circumstances and the issue remains within the discretion of the judiciary as to whether the salute is interpreted as a gesture of remembrance or as a gesture linked to the intention to revive fascist ideas.
Already two laws passed in Italy to curb fascism
In its justification, the Supreme Court was able to rely on two past laws aimed at curbing fascism in Italy: the Scelba law (1952), which prohibits the founding of a new fascist party, and the Mancino law (1993), which prohibits the rallying of organizations, “that calls for discrimination or violence on racial, ethnic, national or religious grounds”.
However, the “saluto romano” is a complicated little piece of the puzzle in the situation, which is not explicitly mentioned in either law.
My news
At Russia's border: Major NATO maneuver reveals Norway as a weak point
AfD with biggest poll loss in almost two years - but traffic light doesn't benefit read
“Terrible situation”: USA warns of decisive phase in Ukraine war read
Crews resort to unorthodox tactics against Houthi attacks in the Red Sea
New survey hammer: Wagenknecht party swallows the traffic lights in the east
Putin has troops relocated: Russia is withdrawing its units from Belarus
Apparently busy with other topics at the moment: Giorgia Meloni during her government declaration at the beginning of 2024. © Imago/Gruppo Live Media
Giorgia Meloni, leading figure of a party with neo-fascist roots, has so far remained silent on the matter
In addition to the legal question, the question of banning the “saluto romano” has now increasingly become a political issue: the Italian Prime Minister Giorgia Meloni, whose right-wing nationalist party emerged from the successor party to the “Movimento Sociale Italiano”, has to this day the question has not yet been positioned.
Opposition politicians such as Elly Schlein, leader of the Italian Social Democrats, called for decisive action against incidents such as those recently in Rome.
According to RND
, former Social Democratic MP Emanuele Finao found
that “if a thousand people together and at the same time make this meaningful and violent gesture, then it is no longer a harmless commemoration.
But a political action.”
In 2017, Fiano introduced a bill into parliament according to which showing fascist gestures should generally be criminalized.
The law did not reach the required majority at the time.