Il “quinto dominio” e l’ordinamento costituzionale: contributo allo studio della ripartizione delle competenze in materia di sicurezza nazionale cibernetica in Italia

[Machine translation] [IT] The essay analyzes the challenges that cyberspace, as the “fifth domain” of strategic confrontation, poses to the Italian constitutional order, with particular reference to the distribution of competencies in the field of national security. The first part of the contribution reconstructs the framework of the cyber threat in international law. The second part, the heart of the analysis, traces the evolution of the Italian institutional architecture, showing the progressive emergence of a double track of competencies: one headed by the Presidency of the Council of Ministers, and one under the responsibility of the Ministry of Defense. The conclusions, while recognizing recent rationalization efforts, highlight how the issue of coordinating powers, especially in relation to possible offensive actions, remains open, suggesting the need for further reflection on the matter., [EN] This essay analyzes the challenges that cyberspace, as the “fifth domain” of strategic confrontation, poses to the Italian legal system, with particular reference to the distribution of powers in national security matters. The first part of the contribution reconstructs the framing of cyber threats in international law. The second part, traces the evolution of the Italian institutional architecture, showing the gradual emergence of a dual track of competencies: one headed by the Presidency of the Council of Ministers, and one under the responsibility of the Ministry of Defence. In conclusion, while acknowledging recent rationalization efforts, the essay points out that the issue of coordinating powers, especially concerning potential offensive actions, remains unresolved, suggesting the need for further reflection.