La regolamentazione del potere di disporre del segreto di Stato

Abstract

State secrecy, i.e. the possibility of hiding segments of public power from citizens and from the jurisdiction, is, at present, indispensable also for democracies to protect themselves from the multifaceted threats to national security. But, even if state secrecy is indispensable, state secrets must comply with the rule of law. From this assumption, the article focuses, first of all, on the regulation of state secrecy and, in particular, on who has the power, on the administrative organization, on the assumptions and on the internal and external limits to power. Secondly, the work investigates the political or administrative nature of state secrets, the type of evaluation of the public decision-maker and the characteristics of secret acts. The object of the analysis, as a whole, can contribute to the construction of a general theory of power connected to state secrecy.