Guido Clemente di San Luca

Pandemic emergency and juridical-institutional tools

  • Abstract

Informations and abstract

Keywords: pandemic emergency, juridical-institutional tools, scientific knowledge, institu- tional pluralism, liberalization.

The essay aims to clarify whether the Italian juridical-institutional tools available are adequate to solve the problems raised by the Covid-19 pandemic. According to the author, the pandemic has not brought about, and does not require, significant changes in the legal system, essentially more virtuous civil and political behaviour being necessary. The thesis is illustrated by analyzing four profiles: compliance with the Constitution and the constitutional framework of some administrative sources and measures to manage the pandemic emergency caused by Covid-19; the relationship between scientific knowledge and public decision making; the relationship between the State, Regions and local territorial bodies; the delineation of a new boundary between public and private action, which increasingly favors the latter, through the liberalization and/or simplification of administrative powers.

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