A Milan appeals court has reaffirmed the acquittal of 23 right-wing activists accused of performing fascist salutes during the April 29, 2019 annual Ramelli memorial march, ruling that the gestures constituted "tribute and remembrance" rather than a threat to democratic order. The July 10, 2026 judgment highlights the increasingly fractured legal landscape around fascist symbolism enforcement in Italy.
Why This Matters
• Legal inconsistency: Courts have delivered contradictory rulings on fascist salutes at similar commemorative events, creating uncertainty about enforcement of the Scelba Law.
• Enforcement challenges: Despite the Scelba Law banning fascist party reorganization since 1952, prosecutors struggle to prove "concrete danger" rather than symbolic expression.
• Constitutional tension: The case reflects ongoing debate over balancing Italy's constitutional ban on fascist revival against protections for political expression and historical memory.
The Ramelli Commemoration Context
Every April 29, right-wing activists gather in Milan to honor Sergio Ramelli, an 18-year-old member of the neo-fascist Italian Social Movement's youth wing who was killed by leftist militants in 1975 during Italy's "Years of Lead," a period of violent street confrontations between extremist factions that claimed hundreds of lives through the 1970s and early 1980s.
At the April 29, 2019 event, approximately 1,000 attendees raised their arms in the Roman salute—the stiff-armed gesture synonymous with Mussolini's regime—and responded "presente" (present) when Ramelli's name was called, mimicking a wartime roll-call ritual. Prosecutors in the Milan Public Prosecutor's Office charged 23 participants under Article 5 of Law 645/1952 (the Scelba Law), which criminalizes public displays "usual to the dissolved fascist party" if they pose a concrete risk of party reconstitution.
The trial court acquitted all defendants, concluding the facts did not constitute a crime. Prosecutors appealed, requesting convictions. The Milan Court of Appeal's decision rejected that appeal, affirming that the salutes carried "only a specific value of homage and memory for the young man killed for his political ideas," without sufficient danger to constitutional order.
The Legal Framework and Enforcement Challenges
Italy's courts have struggled to apply a consistent standard when evaluating fascist symbolism. The Scelba Law is anchored in the 12th Transitional Provision of the Italian Constitution, which prohibits fascist party reorganization. Italy's Constitutional Court established early precedent that symbolic gestures alone—without evidence of concrete organizational activity—cannot justify conviction. This creates a high evidentiary bar: prosecutors must show not just offensive imagery, but actual potential for political mobilization.
Recent judicial decisions have indicated that courts assess the environmental context, organizational structure, and symbolic significance when determining whether fascist salutes cross the line from protected expression to criminal reorganization. However, these assessments remain subjective and have produced conflicting outcomes.
The competing Mancino Law (Law 205/1993), which targets incitement to racial, ethnic, or religious discrimination, operates on different legal principles and has been applied in some fascist-salute cases, further complicating prosecutorial strategy.
What This Means for Enforcement and Public Order
For residents and observers in Italy, the July 10, 2026 acquittal signals that prosecution of fascist symbolism remains legally precarious and highly dependent on judicial interpretation. Despite the Scelba Law's 74-year history, there is no uniform interpretation of what constitutes "concrete danger," leaving enforcement vulnerable to inconsistent application across different courts and judges.
The Milan Public Prosecutor's Office, which has pursued multiple fascist-salute cases in recent years, now faces questions about prosecutorial strategy moving forward. Legal experts note that without higher-court intervention establishing clearer precedent, conflicting rulings may create uncertainty about enforcement expectations in future cases.
Politically, the ruling arrives amid broader debates over Italy's relationship with its fascist past. The annual Ramelli commemorations continue to draw participants who repeat the salutes and "presente" ritual. Critics argue that inconsistent enforcement undermines the constitutional ban on fascist reorganization, while defense attorneys, including Antonio Radaelli and Enrico Giarda, contend the law should not criminalize legitimate historical remembrance.
The Path Forward
The Milan Court of Appeal's decision does not preclude further legal action. Prosecutors retain the option to appeal today's ruling to the Court of Cassation, which could use the case to issue clarifying guidance or resolve conflicts between different judicial interpretations. Such an appeal would follow Italy's standard appellate timeline.
In the interim, the 23 defendants—who had faced potential conviction—are definitively acquitted at the appellate level unless the Cassation intervenes. The case underscores a persistent tension in Italian law: balancing constitutional prohibitions on fascist revival against protections for political expression and historical memory. Until courts establish clearer boundaries through precedent or legislative reform, Italian judges will continue to grapple with when symbolic gestures cross the line from tribute to threat.
