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Transparency and accountability versus secrecy in intelligence operations: an Italian case study

Authors: Vedaschi, Arianna;

Transparency and accountability versus secrecy in intelligence operations: an Italian case study

Abstract

This Chapter deals with the Italian intelligence system from a public law perspective. The aim of this study is to shed light on how the tension between accountability and transparency, on the one hand, and state secrecy implied in security-related operations, on the other hand, is addressed by the Italian legislator and courts, especially in times of severe political stress, namely those characterized by the impending threat of jihadist terrorism. As a first step, this work provides a brief history of the organization and functioning of intelligence services in Italy, from earliest pieces of legislation to the current legal framework regulating the matter. After this diachronic analysis, the research focuses on mechanisms designed to ensure oversight of intelligence operations and accountability of agents as well as on the relationship between intelligence services and the executive, as framed by laws into force and interpreted by courts. At the same time, the relationship between intelligence services and the judiciary is examined, specifically when state secrets privilege is invoked within criminal proceedings. In this part of the work, normative analysis is combined with the study of the most relevant case law. The final section discusses some challenging issues emerging from the described background and explores whether and how some aspects of the Italian intelligence framework could be improved in order to achieve a better balance between the values at stake.

Country
Italy
Related Organizations
Keywords

COUNTER-TERRORISM, NATIONAL SECURITY, STATE SECRECY, INTELLIGENCE SERVICES, OVERSIGHT

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
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