The Italian legal framework on arms transfers: a standard-setting model bearing the marks of time

Italy has long been regarded as a frontrunner in the regulation of international arms transfers. Already in 1990, its Law No 185 introduced an advanced framework anticipating principles of transparency later enshrined in the EU Common Position 2008/944/CFSP and the Arms Trade Treaty. The article first analyses the origins of Law 185, highlighting its distinctive features, including rigorous reporting obligations and parliamentary scrutiny, as well as introducing the licensing procedures established thereby. The contribution further examines parliamentary practice and recent judicial proceedings related to arms exports to Saudi Arabia, the United Arab Emirates, Ukraine, and Israel, illustrating the tensions between political discretion and legal constraints. Finally, it assesses the ongoing legislative reform of Law 185, arguing that the proposed bill risks weakening democratic oversight rather than addressing the law’s shortcomings. Overall, the article contends that the Italian model, while formally robust, bears the marks of time and requires substantive reform to ensure compliance with international and European obligations on arms transfer controls.