Order of the Council of State No. 2043 of 4 May 2017

The ‘Associazione Solidarietà Diritto e Progresso (As.So.Di.Pro.)’ appealed to the Council of State against the Ministry of Economy and Finance of Friuli Venezia Giulia, asking the Council of State to reform the judgment of the Regional Administrative Court of Lazio that denied the admissibility, in the Italian legal order, of associations or circles of trade-union character by members of military forces. The applicant reputed that Article 1475.2 of the legislative decree No. 66/2010 (Code of the military system), according to which professional associations of a trade union nature or the joining to other trade unions by member of military forces is not allowed, with Article 117 of the Constitution in relation to Articles 11 and 14 of the ECHR (freedom of assembly and association and prohibition of discrimination) and Article 5.3 of the European Social Charter (trade union rights). The Council of State declared the question of constitutional legitimacy to be relevant and not manifestly unfounded.