In a recent press release, ASGI highlighted the constitutional framework governing the ratification of international treaties, emphasizing the role of the President of the Republic and parliamentary approval as stipulated in Article 87 of the Italian Constitution.

"All types of international agreements constitute sources of international law, whose efficacy at the national level comes from the order of execution given through the ratification process which creates the international binding obligation of their internal implementation," ASGI stated.

Referring to a note from the Italian Minister of Foreign Affairs, ASGI acknowledged that "regardless of their formal denomination (treaties, agreements, conventions, memorandums, etc.) international agreements can be concluded by the double signature of a document, exchange of notes, exchange of letters or other means, as international law recognizes the principle of the freedom regarding the format (of the agreement)."

Importance of democratic control

ASGI emphasized the importance of democratic control over foreign policy and the involvement of both chambers of the Italian Parliament, noting that Article 72, sub-paragraph 4 of the Constitution prescribes that the bills for ratification must be examined with the standard legislative procedure.

The press note further stressed the obligation of the government to present the Parliament with a bill authorizing the ratification of the Protocol and the intended agreement with Albania. ASGI said that any norm, including the Protocol, should be interpreted in alignment with Article 80 of the Italian Constitution.

"...The Protocol has as its aim measures that concern security and national defense", underscores ASGI, adding that: "The implementation of the foreseen measures by the Protocol means the transportation to Albania of foreigners on Italian transport means under Italian authority. This will take place by essentially a forcible transfer on airplanes or ships of the Italian Armed Forces. These already have a basis in Albania and the Government with article 21 of the law-decree of 19 September 2023, number 124, has authorized the realization of temporary holding facilities for repatriation, hot spots and government centers for those requesting asylum".

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Concerning these matters there is a law which states that "all Government deliberations on security and defense must always be approved by the Parliament. This entails that since 1997 both chambers have examined laws to give their authorization for ratification of all sorts of international agreements related to safety and defense," the note highlights.

ASGI clarified that the proposal for ratification authorization does not necessarily have to originate from the government, allowing individual parliamentarians to present bills in the absence of government initiatives.

The press note concluded that in all cases, should this Protocol not be subjected to a law of authorization for its ratification, in accordance with article 80 of the Italian Constitution, "it will not be possible to execute it, nor will it be possible to consider it binding for the Italian legal system, as an international obligation."

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