IL SOGGETTO PRIVATO NELL'ORDINAMENTO MILITARE

The evolution of the Italian military law system in a democratic sense is the result of a drafting process that began with the entry into force of the Republic constitution in 1948. Before the entry into force of the Constitution, in the statutory regime, the military organization was subject to a large extent, to internal regulations and evaded in many ways to the principle of legality. The Constitution instead, a core of principles unavailable in relation to the use of the armed forces in the function of defense of the Nation: the recourse to war, the activities of national security and of the defense become the subject of discipline within the principles fundamentals of the Constitution. These principles inspire a radical change in the conception of the use of the military instrument, changing so the basic legal framework of reference and giving legimation to the use of the Armed forces different from the past. The evolution of the Italian military regulations is achieved, in particular, in the wake of the principle of legality and through the application of the saving clause in all areas of activity of the Armed forces. This process, which leads the military order to turn under the pressure of democratic principles, involves a new way of thinking and to regulate the status of the military, concerns the way in which the Armed forces are organized and operate, but also relates to a different relationship between the armed forces and civil society, and a closer link between national interest protection and role of the defense instrument. In terms of the content of the discipline, it may be noted that the progressive “ownership” of the constitutional principles has characterized almost all areas the activity of the Armed forces. This process can be seen first of all in terms of full involvement of the military in the pleno jure citizen’s category and therefore under the appearance of the rights and powers that find a direct constitutional protection. But it can also be observed in terms of the mode of organization and action, which through the of military representation institutions and a strong modernization of the military structure, combines the traditional aspects of hierarchy and quickness to use, with a full recognition and full development of the individual within it. The abolition of conscription, the opening to the world of women, the framework of rights and duties of military personnel, represent some of the milestones of this process of gradual democratization of the military organization. The discussion has, therefore, considerable points of interest related to hopeful reform in key european of this peculiar and delicate sector of the government organization.