Italy, together with several NATO and EU members, supports the Ukrainian government, engaged in the defence war against Russian aggression, with various forms of support, including the release of weapons. The article analyses, from the constitutional law’s point of view, this form of sup- port under two distinct but connected profiles: substantive and procedural. Hence, it proceeds with the analysis of Article 11 of the Constitution and its extensive interpretation due to Italy’s membership of NATO and the EU and the following unilateral approach to international security. Hereafter, the ad hoc procedure used by the Italian government is examined, highlighting a certain distortion with the constitutional principles dealing with war, with a focus on the classification of ministerial decrees providing for the release of weapons. Finally, considerations are moved on the challenges launched to the constitutional theory and method by the war emergency.
(Im)politica della guerra legittima. Considerazioni costituzionali a partire dal sostegno armato del Governo italiano all’Ucraina
luca dell'atti
2023-01-01
Abstract
Italy, together with several NATO and EU members, supports the Ukrainian government, engaged in the defence war against Russian aggression, with various forms of support, including the release of weapons. The article analyses, from the constitutional law’s point of view, this form of sup- port under two distinct but connected profiles: substantive and procedural. Hence, it proceeds with the analysis of Article 11 of the Constitution and its extensive interpretation due to Italy’s membership of NATO and the EU and the following unilateral approach to international security. Hereafter, the ad hoc procedure used by the Italian government is examined, highlighting a certain distortion with the constitutional principles dealing with war, with a focus on the classification of ministerial decrees providing for the release of weapons. Finally, considerations are moved on the challenges launched to the constitutional theory and method by the war emergency.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
