Executive regulatory powers in times of emergency: when the exception becomes the rule

Author/s Guido Rivosecchi
Publishing Year 2024 Issue 2024/1
Language Italian Pages 25 P. 71-95 File size 204 KB
DOI 10.3280/DT2024-001004
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The paper examines the executive’s regulatory powers in the succession of emergencies (pandemic; economic; war-energy). The analysis shows that, although the processes of normative production on the whole have remained within the framework of constitutional prescriptions, the twists and turns impressed on the system of legal sources have blurred the distinction between the ordinary and the extraordinary. This denotes a certain difficulty in falling within the physiological functioning of public powers and results in a further shift of the center of gravity of norm-making in favor of the government thus contributing to the formation of a derogatory law of sources.

Keywords: Emergenza, Esecutivo, poteri normativi, diritto derogatorio delle fonti del diritto, ordinanze, riserva di legge; Emergency, Executive, normative powers, derogatory law of sources, ordinances, legal reserve.

Guido Rivosecchi, I poteri normativi del Governo al tempo dell’emergenza: quando l’eccezione diventa la regola in "DIRITTO COSTITUZIONALE" 1/2024, pp 71-95, DOI: 10.3280/DT2024-001004