L’emersione del principio costituzionale di autorizzazione parlamentare degli interventi armati nei sistemi parlamentari e la sua elusione nel contesto italiano

The emergence of the constitutional principle of parliamentary authorisation of military interventions in parliamentary systems and its circumvention in the italian context

Abstract

The essay aims to describe how constitutional war powers have been adapted in relation to the spread of the so-called undeclared wars. In many democratic countries the lack of parliamentary control over the use of military force as an instrument of foreign policy has been replaced by an innovative parliamentary function of authorizing every significant military action. Although the Italian Constitution does not provide for this function explicitly, a co-decision procedure shared by the legislative and executive branches has been regulated by the Law n. 145/2016. Despite this recent piece of legislation, Italian Governments often violate the related procedures by acting without involving the Parliament in the decision regarding the deployment of troops abroad.

Keywords: Military missions; War powers; Power to deploy armed forces abroad; Parliamentary control; Separation of powers