Italy's highest appeal court has ruled that it is acceptable to discriminate against Roma on the grounds that they are thieves.

The judgment, made public yesterday, comes amid a nationwide clampdown on the Roma community by Silvio Berlusconi's government. Last week his interior minister, Roberto Maroni, announced plans to fingerprint all of Italy's Roma, including children.

The ruling by the court of cassation, which appears to provide judicial backing for the government's policies, was handed down in March, but reported only yesterday. The judges overthrew the conviction of six defendants who signed a leaflet demanding the expulsion of Verona's Gypsies in 2001.

Among those convicted of racially discriminatory propaganda was Flavio Tosi, an official of the anti-immigrant Northern League, who has since become Verona's mayor. He was quoted by a witness at his trial as having said afterwards: "The Gypsies must be ordered out because, wherever they arrive, there are robberies."

The court of cassation decided this did not show Tosi was a racist, but that he had "a deep aversion [to Roma] that was not determined by the Gypsy nature of the people discriminated against, but by the fact that all the Gypsies were thieves". His dislike of them was "not therefore based on a notion of superiority or racial hatred, but on racial prejudice". The judges scrapped the two-month jail sentences and ordered that the case be reheard.

Their ruling was published hours before police in Verona arrested eight Roma of Croatian origin accused of having induced minors to carry out burglaries in northern Italy. The arrests were co-ordinated by the prosecutor who charged Tosi and the others seven years ago.

Franco Frattini, the foreign minister, who until earlier this year was the European commissioner for justice and human rights, applauded the fingerprinting initiative, saying: "These things are done in many other European countries." He and other government supporters said the main beneficiaries would be Roma children at risk of being forced to break the law.

But an opposition MP, Gian Claudio Bressa, said the government was enacting measures "that increasingly resemble those of an authoritarian regime". On Sunday Maroni's top aide was reported to have imposed a vow of silence on three special commissioners appointed to deal with what the Italian media calls "the Roma emergency".