This paper on the recent 'universal civil service' reform aims to investigate which constitutional rules allow foreigner's access to the service. The work begins with a survey on the evolution of the civil service, which is now no longer connected with military service and doesn't require a conscientious objection. The civil service is a form of execution of the 'Patria defense' duty, under art. 52 Cost., because this defense, as recognized by the Constitutional Court, can be also realized through non-military means and social engagement activities. The previous rule that prevented a foreigner legally resident in Italy to carry out the civil service was declared unconstitutional because unreasonable. The civil service, indeed, just because intended to aims of social solidarity, may be an opportunity for the foreigner's integration into community, as well as an opportunity for the human person growth.
Monaco, G., Il nuovo servizio civile tra difesa della Patria e doveri di solidarietà, in Monica De Paoli, G. M. A. S. P. M. T. E. A. V. (ed.), Una filantropia nuova. Economia, diritto e filosofia per una società digitale collaborativa, Libellula Edizioni, Tricase (LE) 2017: 197- 207 [http://hdl.handle.net/10807/126878]
Il nuovo servizio civile tra difesa della Patria e doveri di solidarietà
Monaco, Giuseppe
2017
Abstract
This paper on the recent 'universal civil service' reform aims to investigate which constitutional rules allow foreigner's access to the service. The work begins with a survey on the evolution of the civil service, which is now no longer connected with military service and doesn't require a conscientious objection. The civil service is a form of execution of the 'Patria defense' duty, under art. 52 Cost., because this defense, as recognized by the Constitutional Court, can be also realized through non-military means and social engagement activities. The previous rule that prevented a foreigner legally resident in Italy to carry out the civil service was declared unconstitutional because unreasonable. The civil service, indeed, just because intended to aims of social solidarity, may be an opportunity for the foreigner's integration into community, as well as an opportunity for the human person growth.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.