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

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

Open Access
|Jul 2022

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.

DOI: https://doi.org/10.15290/bsp.2022.27.02.07 | Journal eISSN: 2719-9452 | Journal ISSN: 1689-7404
Language: English, Polish
Page range: 125 - 145
Submitted on: Jan 29, 2022
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Accepted on: Apr 29, 2022
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Published on: Jul 9, 2022
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2022 Agnieszka Gloria Kamińska, published by University of Białystok
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.