Rome, 11 October 2021 – Take action to dissolve “the parties, movements and organizations of fascist matrix“. With these words, the Pd has presented a motion in Parliament calling for it dissolution of Forza Nuova, but also of “all political movements of clear neo-fascist inspiration“. And so too Italy Viva e Psi. Dfter in fact the demonstration ‘No Green pass’ and ‘No vax’ last Saturday, degenerated into the assault on the CGIL and into scenes of urban warfare, now le two motions filed in Parliament they ask for a change of course. But can a party be dissolved? And how? The answer is yes, even if in Italy i previous are few: the motion presented in Parliament can be activated thanks to the Scelba law of 1952. So let’s see what it provides and all the other details.
The reference legislation for the dissolution of a party is above all the Constitution and, therefore, the Scelba Law of 20 June 1952. On the basis of this, there are two paths that can be taken to proceed with the dissolution of a party: after a sentence by the Court, the Minister of the Interior orders its dissolution, or in extraordinary cases of necessity and urgency, the government can intervene directly.
The Constitutional Charter, in the transitional and final provisions, in Article XII, states: “It is reorganization prohibited, in any form, of the dissolved fascist party. By way of derogation from article 48, the law establishes, for no more than five years from the entry into force of the Constitution, temporary restrictions on the right to vote and on eligibility for the leaders responsible for the fascist regime “.
The Law of 20 June 1952, no. 645, the so-called “Scelba Law”, falls within the implementation rules of the XII transitory and final provision (first paragraph) of the Constitution. The first article of the law establishes that “there is a reorganization of the dissolved fascist party when an association, a movement or in any case a group of persons of no less than five pursues the anti-democratic aims of the fascist party, exalting, threatening or using violence as a method of political struggle or advocating the suppression of the freedoms guaranteed by the Constitution or denigrating democracy, its institutions and the values of the Resistance, or carrying out racist propaganda, or directs its activity to the exaltation of exponents , principles, facts and methods proper to the aforementioned party or carries out external manifestations of a fascist nature “.
Article 2 provides criminal penalties towards “anyone who promotes, organizes or directs the associations, movements or groups indicated in art. 1”. Such subjects are punished “with the imprisonment from five to twelve years. Anyone who participates in such associations, movements or groups is punished with imprisonment from two to five years. If the association, movement or group assumes in whole or in part the character of an armed or paramilitary organization, or makes use of violence, the penalties are doubled “.
L’article 3 of the Scelba Law provides for the “dissolution and confiscation of assets” of the party. In detail, if the reorganization of the dissolved fascist party is ascertained with a sentence, the Minister for the Interior, after consulting the Council of Ministers, orders the dissolution and confiscation of the assets of the association, movement or group. In extraordinary cases of necessity and urgency, the Government adopts the measure of dissolution and confiscation of the assets by decree-law “.
L’article 4 of the Scelba Law is related to the apologia for fascism: “Anyone does propaganda for the establishment of an association, a movement or a group having the characteristics and pursuing the purposes set out in art. 1 is punished with imprisonment from six months to two years. The same penalty is subject to those who publicly exalt exponents, principles, facts or methods of fascism, or its anti-democratic aims. If the fact concerns racist ideas or methods, the penalty is imprisonment from one to three years “. In addition, the law provides that” whoever, participating in public meetings, carries out the usual demonstrations of the dissolved fascist party or Nazi organizations is punished with penalty of up to three years’ imprisonment “.
They are in everything three, in our country, the precedents of political movements dissolved by virtue of the Scelba Law: New Order, dissolved in 1973, National vanguard, dissolved in 1976, e National front, dissolved in 2000.
In 1993 the so-called Mancino law, which takes its name from the then Minister of the Interior Nicola Mancino, has updated some provisions of the Scelba Law. The 1993 legislation punishes those who instigate or commit acts of violence or provocation of violence for racial, ethnic, national or religious reasons with a imprisonment from 6 months to four years. It also sanctions anyone who does propaganda of ideas based on superiority or on racial or ethnic hatred, or instigates to commit acts of discrimination by providing for imprisonment of up to one year and 6 months and a fine of up to 6 thousand euros.
The law also condemns gestures, actions and slogans linked to fascist ideology and prohibits any organization, association, movement or group having among its purposes the incitement to discrimination or violence for racial, ethnic, national or religious reasons. Article 4 states: (Amendments to current provisions) “The same penalty referred to in the first paragraph is subject to anyone who publicly exalts exponents, principles, facts or methods of fascism, or its anti-democratic aims. If the fact concerns racist ideas or methods, the penalty is imprisonment from one to three years and a fine from one to two million “.
Article 7 (Precautionary suspension and dissolution) provides: “When proceeding for an aggravated crime” provided for by the Mancino law “and there are concrete elements that allow us to believe that the activity of organizations, associations, movements or groups favors the commission of the same crimes, the suspension of any association activity may be prudently ordered. The request is presented to the competent judge for the judgment in relation to the aforementioned crimes “. When “with an irrevocable sentence it is ascertained that the activity of organizations, associations, movements or groups has favored the commission of any of the crimes indicated, the Minister of the Interior, following a resolution of the Council of Ministers, orders the dissolution of the organization by decree , association, movement or group and orders the confiscation of assets “.
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