In Italy, the so-called Security Decree has finally come into force. This measure, strongly backed by the right-wing government led by prime minister Giorgia Meloni, could represent a significant step toward reestablishing fundamental principles such as legality, security, and, not least, the sacred right to private property, which has been particularly undermined in Italy.
At the heart of the decree is the firm crackdown on illegal property occupations. This is a widespread social and legal problem, especially in Italy’s major cities, which has long been neglected, and condoned by the Left.
Anyone who occupies private property through violence, threats, or deceit, preventing the rightful owner from returning, now faces two to seven years in prison. This penalty also extends to those who facilitate or profit from such occupation.
Protection is further strengthened for the most vulnerable individuals, such as the elderly, the sick, or the frail, for whom the procedure becomes automatic, without the need for a formal complaint. This new offence complements the existing crime of “invasion of land or buildings,” which, on its own, has historically led to slow and vague punishment for illegal occupants and delays in restoring homes to their rightful owners.
The Decree introduces an expedited procedure for the reinstatement of possession, with immediate intervention by the judicial police. After initial assessments, law enforcement authorities can now clear the occupied property, using force if necessary, and return it to the owner within as short a period as three days. This mechanism is crucial to preventing judicial inertia and delays from fostering a sense of impunity and distrust in institutions.
However, it is important to highlight a significant limitation in the new legislation: the expedited procedure for the reinstatement of residential possession applies only if the occupied property is the complainant’s sole residence. In other words, you can only get your house back if you live there.
While this criterion is understandable in its intent to prioritise the most vulnerable situations, it ultimately excludes a large number of property owners. In fact, in Italy, many illegally occupied properties are not primary residences but rather investment properties, second homes, or spaces designated for commercial and professional use.
Confedilizia, an organization long dedicated to protecting property owners’ rights in Italy, had appealed for the expedited process to be extended to all cases of illegal occupation, without distinctions based on the nature or use of the property. Such an extension would ensure effective protection of private assets and help reestablish a stronger legal and social order, discouraging further abuses and unlawful behaviour.
Against the slogans promoted by certain factions of the Italian Left, such as MEP Ilaria Salis, who has called the decree “liberty-killing and classist,” the right to private property necessarily includes the ‘right to housing.’ However, this right does not end with a vague and ideological right to inhabit’ (entrusted, of course, to state bureaucracies) but rather extends to the right of possession and the free use of real estate. The right to property and housing, understood in this way, is a right which reflects human dignity and the ability to safeguard one’s family and the broader community.
For this reason, property rights are considered a ‘natural right’—fundamental and universally shared, serving as an essential tool for personal and social freedom. Without real and concrete protection of this right, civilization itself crumbles, giving way to chaos and injustice. Illegal occupation is a serious violation not only of private assets but also of moral and civil order.
It is no surprise that many members of the Democratic Party, the Green and Left Alliance, and the Five Star Movement reacted vehemently, nearly leading to a physical confrontation in the Senate.
Prime minister Giorgia Meloni, by contrast, described the approval of the Security Decree as “a decisive step,” emphasising that “legality and security are pillars of freedom.” Lega leader, deputy PM Matteo Salvini referred to the new measures as “civilization norms” aimed at tackling issues such as pickpocketing, fraud against the elderly, and illegal property occupations, while announcing further actions to strengthen law enforcement. (The EU has joined the Italian Left in suggesting that the Italian police and gendarmerie are “racist” which Meloni pushed back against decisively.)
The new Security Decree, despite certain limitations (such as increased state control over the car rental market, justified by the need to prevent terrorist activities and organised crime) finally provides an urgent and necessary response to a situation where property rights and the right to housing have long been undermined by excessive leniency.
For that, Italians like me can be grateful.