The Legal Framework on Freedom of Association in the Italian Armed Forces and Military Police: Exploring Strengths and Weaknesses

The paper explores the development of military trade unionism in Italy following the enactment of Law No. 46 of 28 April 2022. This legislation overturned the long standing ban on freedom of association for the armed forces and military police, acknowledging the right of military personnel to establish and to join «military professional associations of a union nature». The paper emphasises that Law No. 46/2022 does not recognise an absolute right to organise. Instead, it strikes a balance between the right to freedom of association, enshrined in Article 39(1) of the Constitution, and the duty of homeland defence, stated in Article 51(1) of the Constitution. Against this background, the paper examines the newly introduced rights, alongside the constraints involved, to highlight the features of the current model of military representation.