<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The Sars-CoV–2 pandemic is changing the main issues of Italian constitutional law. The phases of the Italian normative management of the crisis focused on important and extraordinary measures and brought to light some structural problems of the Italian constitutional legal system. More generally the ongoing health crisis is revealing the lack of an articulated emergency framework in the Italian Constitution and questioning whether existing legislative tools are suitable to face contemporary threats. This article aims to analyse the main issues raised by the Italian government’s reaction to the coronavirus: the notion of emergency in Italian constitutional law, the legal forms chosen to fight the virus, the choice of the Italian Government to regulate the emergency by decrees of the President of the Council of Ministers, the role of decree law (‘<italic>decreto-legge</italic>’), from the emergency and the compression and restriction of fundamental rights to the balance of the fundamental freedoms with the protection of right to health.</p>
</abstract>

The Sars-CoV–2 pandemic is changing the main issues of Italian constitutional law. The phases of the Italian normative management of the crisis focused on important and extraordinary measures and brought to light some structural problems of the Italian constitutional legal system. More generally the ongoing health crisis is revealing the lack of an articulated emergency framework in the Italian Constitution and questioning whether existing legislative tools are suitable to face contemporary threats. This article aims to analyse the main issues raised by the Italian government’s reaction to the coronavirus: the notion of emergency in Italian constitutional law, the legal forms chosen to fight the virus, the choice of the Italian Government to regulate the emergency by decrees of the President of the Council of Ministers, the role of decree law (‘decreto-legge’), from the emergency and the compression and restriction of fundamental rights to the balance of the fundamental freedoms with the protection of right to health.

Profiles of Potential Unconstitutionality of Legislation Restricting Personal Freedom for the Containment of COVID-19 on the Example of the Italian Republic

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The Sars-CoV–2 pandemic is changing the main issues of Italian constitutional law. The phases of the Italian normative management of the crisis focused on...

Profiles of Potential Unconstitutionality of Legislation Restricting Personal Freedom for the Containment of COVID-19 on the Example of the Italian Republic

Published Online: Jul 09, 2022

Page range: 125 - 145

Received: Jan 29, 2022

Accepted: Apr 29, 2022

DOI: https://doi.org/10.15290/bsp.2022.27.02.07

Keywords
emergency, fundamental rights, Italian Constitution, Italian system, Pandemic crisis

© 2022 Agnieszka Gloria Kamińska, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Profiles of Potential Unconstitutionality of Legislation Restricting Personal Freedom for the Containment of COVID-19 on the Example of the Italian Republic

Published Online: Jul 09, 2022

Page range: 125 - 145

Received: Jan 29, 2022

Accepted: Apr 29, 2022

DOI: https://doi.org/10.15290/bsp.2022.27.02.07

Keywordsemergency, fundamental rights, Italian Constitution, Italian system, Pandemic crisis

© 2022 Agnieszka Gloria Kamińska, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Keywords
emergency, fundamental rights, Italian Constitution, Italian system, Pandemic crisis