Opening the discussion, under the “communications” item, is Carlotta Andruccioli (D-ML), who — in relation to the finalisation of the association agreement with the EU — asks the Government to clarify what strategy it is pursuing to prepare the public administration, asking whether the focus will be on retraining existing staff or on new hires, which offices will be strengthened, and how training will be organised. She also stresses that “after the celebrations, I believe something more needs to be done” and reiterates that “preparation for the agreement is not a secondary matter, but one of the essential conditions for tackling it. It cannot be taken lightly and must be managed without improvisation, but with planning capacity.” Marco Mularoni (PDCS) describes the questions raised as “absolutely legitimate” and recalls that an initial report on the reorganisation of the public administration had already been presented in previous months. He notes, however, that the work will take time and calls for building on that foundation to tackle the phase of transposing European legislation, stressing that “after the positive news that arrived in July, the Government and the entire parliamentary chamber must begin to think concretely about the third phase of the agreement.” Maria Katia Savoretti (RF) believes periodic updates on the progress of the work are necessary and hopes the relevant Secretary will soon return to the Committee to explain what has been done and what remains to be done. Giuseppe Maria Morganti (Libera) broadens the discussion by citing Malta’s experience, arguing for the creation of a task force capable of putting San Marino in a position to seize the opportunities offered by the European Union, and noting that the benefits of the agreement “do not arrive automatically: one must be capable of seizing them.” Responding on behalf of the Government is Secretary of State Stefano Canti, who acknowledges the legitimacy of the requests and confirms that work has already begun: he reports that meetings have been organised with public administration executives, “focal points” have been appointed within various departments to monitor implementation of the agreement, a new staffing needs plan is being prepared, and the appointment of the new head of the Civil Service is imminent. He also announces that Secretary Andrea Belluzzi is available to return to the Committee after the summer break with a dedicated update.
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Item number 2 follows, with Secretary of State Stefano Canti reporting on the draft reform of the Code of Criminal Procedure drawn up by the Criminal Trial Observatory. Canti first specifies that this is the result of shared work among magistrates, lawyers, academics and institutions, and invites all political forces to help improve it before the legislative process begins. The Government stresses that the reform does not represent a radical overhaul of the system, but rather an act of “evolutionary maintenance” born from analysis of applied practices and aimed at making the criminal process more protective of rights, more efficient and more consistent with constitutional and conventional principles. It is noted that the project aims to strengthen procedural safeguards, improve the organisation of proceedings, provide greater protection for victims, streamline the appeals system and incorporate international standards, while maintaining a balance between the right of defence and the effectiveness of justice. Particular attention is given to measures against domestic and gender-based violence, including the introduction of urgent removal from the family home ordered by police forces and subsequently subject to judicial validation, alongside interventions on plea bargaining, notifications, rules of evidence and the review of judgments. In conclusion, the Secretary of State reiterates that the proposal stems from broad technical and institutional consultation and expresses hope that the parliamentary process can proceed with contributions from all political forces, so as to arrive at a reform that is as widely shared as possible.
Ilaria Baciocchi (PSD) describes the reform as a measure that “modernises San Marino’s criminal justice system, strengthens adversarial proceedings, enhances orality, technical defence and the presumption of innocence,” while urging reflection on the impact that strengthened safeguards may have on the timing of justice and on the Court’s resources. Carlotta Andruccioli (D-ML) shares the need to update a code that, as she has been told by professionals in the field, contains “complicated and often ambiguous” provisions, but stresses the need to find “the right balance between protecting the right of defence and the need to ensure clear, coherent and swift justice.” Marco Mularoni (PDCS) also praises both the method adopted by the Government and the technical work carried out by the Criminal Trial Observatory, observing that when politics receives “a technical product, drafted by those who live with these issues every day, the result can only be positive.” He also calls for monitoring the effects of the new rules on statutes of limitation and plea bargaining, noting that the judicial system is currently undergoing reorganisation. Giuseppe Maria Morganti (Libera) instead focuses his remarks on the new provisions concerning gender-based violence, considering the immediate removal of the violent individual from the family home particularly significant — a measure that, in his view, “can genuinely help save lives” — and expresses his group’s support for the overall structure of the reform. More cautious is Maria Katia Savoretti (RF), who explains she has not yet had sufficient time to study a text received only a few days earlier, while acknowledging that it is “a necessary measure” and asking for adequate time to allow political forces to formulate observations and proposals. In his concluding remarks, Secretary of State Stefano Canti thanks all committee members for their contributions and reiterates that the project was created precisely to eliminate the interpretive ambiguities that have built up over the years, recalling that the Code of Criminal Procedure dates back to 1878. He also confirms his full willingness to further discuss the matter with both majority and opposition before the first reading, with the aim of arriving at a text that is “as widely shared as possible” and further refined thanks to the contribution of politicians and the Criminal Trial Observatory.
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Under item 3, Secretary of State Stefano Canti reports on a series of Arengo Petitions concerning justice matters. Canti first outlines the work carried out by the Government to implement the Arengo petition approved by the Grand and General Council (Consiglio Grande e Generale) in September 2025, which calls for the introduction into San Marino’s legal system of the criminal offence of surrogacy. The Secretary recalls that the issue involves “legal, ethical, social and bioethical dimensions of the utmost importance,” touching on the protection of women’s dignity, children’s rights and the family. He reviews the international and national regulatory framework, recalls positions previously expressed by the Grand and General Council in past years, and explains that the draft introduces a new offence into the Criminal Code, punishing anyone who carries out, organises or advertises surrogacy or the commercialisation of gametes and embryos, while also providing for prosecution of acts committed abroad by San Marino citizens or residents, in line with what the Arengo petition requested. Ilaria Baciocchi (PSD) calls for distinguishing the ethical dimension from the legal one, arguing that “criminal law is the strongest tool a State has at its disposal” and that it should represent “the last resort, the final response and not the first.” She also expresses strong reservations about extending punishability to acts committed abroad, noting that “the principle of territoriality is not simply an obstacle to be overcome, but one of the limits placed on the State’s punitive power.” Taking a similar position is Giulia Muratori (Libera), who clarifies that her opposition to the new offence “does not necessarily equate to support for surrogacy or gestational surrogacy,” but stems from doubt as to whether a criminal response is truly the most effective tool. She also invokes the best interests of the child and raises concrete questions about how the law would be applied, asking “how will the offence actually be established” and how judicial cooperation would work with countries where the practice is lawful. Marco Mularoni (PDCS) notes that the Government is simply implementing an Arengo petition approved by the Grand and General Council and stresses that if the legislature decides to ban a particular conduct, “it must address the problem in its entirety” rather than merely banning it domestically while allowing it to take place abroad. While acknowledging that criminal law should be a last resort, he observes that in recent years this principle has often been disregarded and believes the issue must be addressed without “burying one’s head in the sand.” Giuseppe Maria Morganti (Libera) draws a distinction between the commercialisation of surrogacy, which he calls “an aberrant aspect,” and situations in which a couple turns to gestational surrogacy in a country where it is permitted and without financial motives. In his view, it would be appropriate to differentiate between these scenarios, so as to avoid the law indiscriminately targeting very different situations. In his concluding remarks, Secretary of State Stefano Canti reiterates that the draft bill was created exclusively to implement the Arengo petition approved by the Grand and General Council, and acknowledges the different sensitivities that emerged during the debate, expressing willingness to promote further discussion before the final text is presented and stating that “further dialogue on this bill is necessary” in order to assess the observations raised by committee members.
Regarding the Arengo petition on protecting people with disabilities who are victims of discrimination, Secretary of State Stefano Canti reports that the Government is working on framework legislation on non-discrimination, drafted by the Department of Foreign Affairs as part of the process of aligning San Marino’s legal system with the Association Agreement with the European Union. The measure will introduce comprehensive rules against all forms of discrimination and will be accompanied by the establishment of a Human Rights Commissioner, a figure who will offer a swift and accessible avenue of protection, complementary to the judicial one. According to the Secretary, these measures will make it possible to fully implement the requests contained in the petition. Finally, addressing the petition concerning the update of legislation on child fostering, Canti explains that the goal is to reform rules that are now outdated, providing more comprehensive regulation of both consensual and court-ordered fostering, strengthening the continuity of children’s emotional bonds, and setting clearer criteria for the selection and training of foster families. To this end, the Government, together with the Department of Foreign Affairs, the ISS (Social Security Institute) and a dedicated working group, is drafting a shared regulatory text that will comprehensively govern both domestic fostering and the fostering of unaccompanied foreign minors, in line with the principles set out in the UN Convention on the Rights of the Child.
