Andrea Bonomi

A «disproportionate» reference to the state source, a vague and imprecise substantial content: The «case» of the order of the President of the apulian Region of 3 october 2020, no. 374, on the sub- ject of «Urgent measures for the management of the epidemiological emer- gency from COVID-19«

  • Abstract

Informations and abstract

Keywords: emergency, «substantially punitive» sanction, proportionality, substantial content, vagueness.

The paper focuses on examining two problematic profiles of a constitutional nature underlying an order issued by the President of the apulian Region and aimed at containing the negative effects of COVID-19 in the Region. The first profile is connected to the lack of proportionality of the administrative sanction contemplated by art. 3 of the ordinance; the second profile is attributable to the lack of clarity of both the substantial content provided for by art. 1 of the ordinance and the exceptions established in art. 2 of the same ordinance with consequent violation of the principle of precision which by the Constitutional Court is also considered applicable to the provisions that establish a formally administrative but «substantially punitive» sanction

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