May 25, 2022

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Ukraine, Kodakuns notified of appeal against arms dispatch decree: ‘unlawful secret’

The Codacons, yesterday evening, notified of the appeal before the Ministry of Defense, the Ministry of Foreign Affairs and International Cooperation and the Ministry of Economy and Finance to cancel the decree according to which military means, materials and weapons were transferred to the Ukrainian government authorities. equipment. In the document, which Adnkronos examined exclusively, it is noted in the first place that permission for this transfer was made “in the absence of a prior address from both Houses. Article 2 bis of Legislative Decree No. 14 of 2022 in fact provides for the sale of these military means in favor of the Ukrainian authorities after an address is made by circles. And this act, the Codacons asserts, “is not even mentioned in the preamble of the decree as it was adopted on this point. So it seems that the mentioned ministries have introduced a new provision containing a measure not provided for by Legislative Decree No. 14/2022, in clear violation, among other things Others, for Articles 97, 70 and 77 of the Constitution which reserve the legislative function, respectively, of councils, and, in cases of necessity and urgency, of government.” to which the Government has ordered the transfer of military materiel.” Given that there has not been a decision on the state of war in the national territory as required by Article 78 of the Constitution, the classification or secrecy of a document that should contain merely a list of defense means and materials transferred to Ukraine is not permitted. its, “the Consumers Association urges.” Therefore – confirms – from the disclosure of the aforementioned Appendix it is concluded not only that this is not a list of purely defensive equipment, which otherwise would have no reason to cover it with secrecy, but also that Italy is at war not officially circulated with The consequent violation of Art. 78 of the Constitution and the principles of transparency.”

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