Decretazione d’urgenza, poteri di ordinanza e riserve di legge. La produzione normativa nell’emergenza Covid-19 alla luce del principio di legalità sostanziale

• Autores: Michele Francaviglia
• Localización: Diritto pubblico, ISSN 1721-8985, Vol. 26, Nº. 2, 2020, págs. 361-384
• Idioma: italiano
• Texto completo no disponible (Saber más ...)
• Resumen

  • The epidemiological emergency from Covid-19, beyond the dramatic human implications, shook the state building to its foundations, forcing jurists to measure themselves on central concepts in the italian constitutional system. Many of these concepts and institutions can be said to have resisted the imposing impact of the facts, however this ‘systemic’ crisis has certainly provided a different perspective from which to target and recognize them. Unlike what one might assume, the issues most influenced by this matter are legal reserves and the principle of legality, as essential trait d’union between public powers and fundamental rights..The present work focuses on a evaluation the constitutional compatibility of the recent emergency regulatory production in its individual manifestations, in the awareness that, beyond the many special and temporary measures, the overall regulatory management of this pandemic represents a precedent destined to last over time.