Naples ‘Red Zones’ Deemed Legitimate by Council of State
Naples, February 13 – The Council of State has ruled in favor of the Prefect of Naples, confirming the legitimacy of the ‘red zones’ established in the capital city. This decision comes after the Council accepted an appeal filed by the Prefecture of Naples, overturning a previous ruling by the Campania Administrative Court.
Currently, five ‘red zones’ are in effect in Naples, with a duration of three months, subject to extensions, as established on January 17. These zones are located in Coroglio, Mergellina and via Caracciolo, Porta Capuana, Piazza Bellini and Piazza Dante, and Barra.
What are ‘Red Zones’?
‘Red zones’ are areas where, for reasons of public order and where personal responsibility for criminal offenses has been identified, individuals can be removed through urban Daspo measures. Additionally, specific security measures and enhanced surveillance by law enforcement are implemented in these areas.
Previous Legal Challenges and the Council of State’s Decision
In recent months, the Council of State had already suspended the effects of a July ruling by the Campania Administrative Court. This earlier ruling had favored several Neapolitan associations that had appealed to the first-instance administrative judge to annul certain prefectural measures establishing ‘red zones’ in the city.
The appellant associations had argued that the ‘red zone’ provisions could not be endlessly reiterated, as this would distort their function as a measure of last resort. This argument was initially upheld by the Campania Administrative Court.
However, following an appeal by the Ministry of Interior and the Prefecture of Naples, the Council of State suspended the first-instance ruling. In preparation for the substantive discussion, copies of the minutes from the Provincial Committee for Public Order and Safety, chaired by the Prefect of Naples, Michele di Bari, were acquired.
The substantive hearing took place yesterday, February 12. During the hearing, it was reiterated that the Consolidated Law on Public Safety (TULPS) grants the Prefect the authority to issue “indispensable measures for the protection of public order and public safety” in situations characterized by “urgency or serious public necessity.”
Impact and Future Implications
This ruling by the Council of State solidifies the Prefect’s authority to implement such measures, emphasizing the importance of public order and safety in the city. The decision is a significant victory for the Prefecture of Naples and the Ministry of Interior, reinforcing their ability to address security concerns through the establishment of these designated zones.
The ‘red zones’ are intended to deter criminal activity and enhance security in specific areas that have been identified as problematic. The continued implementation of these zones, now with the backing of the Council of State, suggests a sustained effort to maintain public order and safety within Naples.
Further details regarding the ongoing application and potential extensions of these ‘red zones’ will be closely monitored by local authorities and the public.
