ABSTRACT

This chapter deals with the Italian intelligence system from a public law perspective in the context of the tension between transparency and accountability. This chapter provides a brief history of the organisation and functioning of intelligence services in Italy, from the 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 and on the relationship between intelligence services and the executive, as framed by laws in force and interpreted by the courts. At the same time, the relationship between intelligence services and the judiciary is examined, specifically when the state secret privilege is invoked within criminal proceedings. The analysis of laws and regulations governing intelligence is combined with the study of the most relevant case law. The final section discusses the ways in which the Italian intelligence framework could be improved.