Article originally published in Italian on Azione Non Violenta, 16 March 2020 – accessible here

 

The declaration of a state of emergency foresees the possibility to derogate from the legislation in force, maintaining “compliance with the general principles of the legal system”; orders issued by Protezione Civil in the context of a state of emergency of national importance, according to Article 25, paragraph 1, of Legislative Decree 1/2018 may be adopted “in derogation of any provision in force, within the limits and in the manner indicated in the resolution of the state of emergency and in compliance with the general principles of the legal system and the rules of the European Union”.

On this basis, the actual decrees of the President of the Council of Ministers (DPCM) were then issued, which – with some guilty inaccuracy – adopted the measures deemed suitable to contain the emergency situation: some of these measures, where they have an impact on the entire national territory and are addressed to the entire population (since the DPCM of 9 March 2020) have had a heavy impact on constitutional rights (or fundamental rights).

Read the full article (in Italian)

Translated with www.DeepL.com