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Italy: Amendment to Armed Forces Personnel Law

(July 26, 2017) On July 7, 2017, new legislation on the Armed Forces entered into effect in Italy. (Legislative Decree No. 94 of May 29, 2017, Provisions Concerning the Reorganization of the Roles and the Career of the Armed Forces Personnel, as Provided in Article 1, Paragraph 5, Second Point, of Law No. 244 of December 31, 2012 (L. D. No. 94), GAZZETTA UFFICIALE (G.U.) (June 22, 2017) (in Italian).) The text of Law No. 244 of 2012 delegates powers to the government to review the National Military Statute and provisions on the same matters. (Law No. 244, 2012, G.U. No. 13 (Jan. 15, 2013), G.U. website (in Italian).)

The new legislation:

  • confirms the existing categorization and hierarchy of career military personnel – Generals, Senior Officers, Junior Officers, Marshals, Sergeants, Permanent Service Volunteers, and Temporary Service Volunteers – and introduces amendments to the provisions on each category of personnel (L. D. No. 94, art. 1(1)(a)(a)-(d); Italian Military Hierarchy, HIERARCHYSTRUCTURE.COM (last visited, July 25, 2017));
  • introduces extensive amendments to the provisions on the military career path of officers throughout the military in its different branches (Army, Marine, Air Force, and other specific branches of the military), related to applicant qualifications for filling vacancies, examinations for admission to military service, testing of skills, the duration of preparation to become an officer, promotion requirements, and service commitment requirements (id. arts. 2-9); and
  • amends the Code of Military Order (Legislative Decree No. 66 of March 15, 2010, G.U. No. 106 (May 8, 2010), G.U. website (in Italian)) in regard to the determination of the gross annual sums earned by military officers for purposes of calculation of their social security benefits and pensions (L.D. No. 94. art. 10(1)(c)).

In addition, starting later this year, the new law provides for a reduction in personnel of the Italian Army, Military Marine, and Military Air Force by a contingent of 1,498 units of the 169,730 total, with the monies saved by these reductions to be allocated to meet other financial obligations related to the military set forth under the law’s provisions. (Id. art. 11(5).)